Ocean Springs, MS- Sometimes married couples just can’t make their marriage work and divorce if the inevitable outcome. Divorce is not a process you can just coast through. It is an emotionally-wrought process and a couple has many issues they need to resolve. A couple can make the process go smoother if you understand some of the basics of filing for divorce in Mississippi.
Before a couple can file for divorce in Mississippi, they must meet the state’s residency requirement which requires at least one spouse live in the state for at least six months. Once they meet that requirement, they can file for a fault or no-fault divorce.
A couple can obtain a no-fault divorce by stating they have “irreconcilable differences” and their marriage is “irretrievably broken.” Couples who file for a no-fault divorce can have their divorce finalized six months after filing as long as you can resolve issues over child custody and asset division.
A fault divorce will take longer because a couple must first appear in divorce court to determine if they have grounds to file for a fault divorce. Reasons for fault divorce include adultery, substance abuse, physical or sexual abuse, abandonment, and bigamy. If the court decides a fault divorce is appropriate, the requesting spouse must be able to show wrongdoing on the behalf of their spouse, which is why the process can take significantly longer than a no-fault divorce.
On the issue of child custody, Mississippi family courts prefer joint custody arrangements. If a couple cannot agree on an arrangement, a judge is likely to award joint custody unless a different arrangement would pose a danger to a child. When parents can’t agree, the courts will determine an arrangement based on the best interest of the child.
Mississippi is an equitable division state, which means property and assets are divided between each spouse as equitably as possible. Factors considered in equitable division include the length of marriage, the value of a couple’s property and mutual assets, and the income, debt and separate assets of each spouse.
One spouse can seek spousal support or child support if they can demonstrate a need. Spousal support may be awarded if one spouse is unable to support themselves or maintain the standard of living they became accustomed to in their marriage. In some cases, a spouse can seek long-term spousal abuse.
We’ve discussed just a few basics of getting a divorce in Mississippi. There is so much more you need to know and figure out, so you could use the advice of someone who understand how divorce works. USAttorneys recommends you speak with a divorce lawyer in Ocean Springs, Mississippi and discuss your case.
Our team of divorce attorneys knows that divorce is hard to get you the best settlement. Call today and make an appointment with one our divorce lawyers in Mississippi.