Residency Requirements
In order to file for divorce in Mississippi, at least one of the spouses must be a resident of the state for at least six months before filing. If the divorce is based on irreconcilable differences, then proceedings can commence in the county where either party resides. However, a divorce that is based on fault grounds must be filed in the county where the plaintiff (spouse seeking divorce) resides if the defendant resides outside of the state, or it can be filed in the county where the defendant lives if they are a resident of Mississippi.
Legal Grounds for Divorce
There are two ways in which a divorce can be filed in Mississippi. The first is a “no-fault” divorce which cites only irreconcilable differences. This can be achieved if both parties agree to the divorce. These types of hearings run much faster, but parties must still wait 60 days before their case can be heard in court.
A divorce based on “fault” in Mississippi will have to cite one of the following grounds:
- Adultery
- Natural impotency
- Imprisonment
- Willful and continued desertion for one year
- Habitual drunkenness or drug addiction
- Habitual cruel and inhuman treatment
- Insanity at the time of marriage that was not known or incurable insanity
- Bigamy
- Wife’s pregnancy by a man that is not the husband
- Incest
Hiring a Mississippi Divorce Attorney
The details surrounding a divorce case in Mississippi can confuse anyone, which is why it is so important to turn to an experienced lawyer for help. Mississippi divorce lawyers dedicate themselves to the field of family law and will work diligently to protect your rights throughout the case. Always having you and your loved ones’ best interest in mind, they will file all the necessary paperwork, appear in court on your behalf, and even mediate with your spouse or spouse’s attorney to make sure any disagreements over property or child custody are settled as quickly as possible.
Browse our site to get connected to some of the best divorce lawyers in Mississippi who will fight for your rights and for a positive resolution for your case.
