Mississippi’s Divorce Laws
To file for divorce in Mississippi, one of the parties to the action must have lived in the state for six (6) months next preceding the commencement of the suit.
If a member of the armed services of the United States is stationed in the state and residing within the state with his spouse, such person and his spouse shall be considered residents of the state for the purposes of this section, provided they were residing within the state at the time of the separation of the parties.
Grounds for divorce
If both parties agree, a divorce may be issues on grounds of irreconcilable differences. There are also 12 other causes for divorce in Mississippi:
a) Natural impotency.
Division of property
Mississippi is an equitable distribution state. This means that with regard to Mississippi divorce assets, anything the spouses brought into a marriage usually will not be included in Mississippi divorce assets or Mississippi divorce property. The only property that comes into the court's distribution is that which is legally classified as property of the marriage subject to Mississippi case law. (courtesy: http://www.divorcelawfirms.com/resources/divorce/divorce-state-laws/mississippi-marital-property-division.htm)
In Mississippi, there is a presumption that joint custody is in the best interest of a minor child where both parents have agreed to an award of joint custody. When parents cannot work out an agreement, a judge will award custody according to the best interests of the child standard with no presumption that it is in the best interest of a child that a mother be awarded either legal or physical custody.
Also, a child who is at least 12 years of shall have the privilege of choosing the parent with whom he/she shall live.
The court may require that each parent contribute to the support of the children in proportion to the relative financial ability of each. Child support terminates upon the emancipation of the child. Emancipation occurs when the child:
a) Attains the age of twenty-one (21) years, or
The court may order maintenance and alimony of the wife or the husband, or any allowance to be made to her or him, and shall, if need be, require bond, sureties or other guarantee for the payment of the sum so allowed.
Sources: http://www.mscode.com/free/statutes/93/005/index.htm (Mississippi divorce statutes)
The State Resource pages are provided for informational purposes only. Do not take any actions based upon the information contained within the State Resource pages without first consulting an attorney licensed in your state. We at DadsDivorce.com strive to keep our information up-to-date; however state laws are not static and subject to change without notice.