While all states have regulations on marriage, they also have regulations that apply if a marriage comes to an end. A state’s legal requirements for divorce set out the process by which a person can get a divorce. And in the Magnolia State, it may be more complicated to get out of than it is to get into it. Here is a brief overview of the legal requirements for divorce in Mississippi.
Mississippi Divorce Laws: The Basics
Like many states, Mississippi has residency requirement to file for divorce; in this state, it’s six months, but there's no waiting period before a divorce can be declared final. Along with “irreconcilable differences,†the legal grounds for divorce in Mississippi include adultery, cruelty, incurable insanity, and willful desertion. Mississippi’s divorce statutes are listed in the table below.
| Code Section | Mississippi Code 93-5-1, et seq. |
| Residency Requirements | One party actual, bona fide resident for 6 months before suit. |
| Waiting Period | Final decree entered immediately but may be revoked at any time by granting court upon joint request of parties. |
| 'No Fault' Grounds for Divorce | Irreconcilable differences (only if uncontested). |
| Defenses to a Divorce Filing | Recrimination not absolute bar; collusion (adultery). |
| Other Grounds for Divorce | Adultery; cruelty or violence; willful desertion; drug/alcohol addiction; natural impotency; incurable insanity; pregnant at time of marriage; conviction of crime; prior marriage undissolved; in line of consanguinity. |
No Fault Divorce Laws
Along with the standard reasons for divorce, Mississippi also offers what is known as a “no fault†divorce. Under this law, you don’t have to allege or prove any specific wrongdoing on the part of your spouse in order to get a divorce. You only have to demonstrate to the court that you and your spouse have “irreconcilable differences,†and further attempts to preserve the marriage would be futile.
There are some alternatives to divorce, including annulment and legal separation, and each has separate requirements that only apply to specific circumstances. Also, if you and your soon-to-be ex have any shared minor children, Mississippi child custody laws may apply to your divorce, so you should be familiar with those laws as well as any state child support guidelines and child support enforcement regulations.
Mississippi Divorce Laws: More Information
The divorce process can be a difficult one, both emotionally and legally. You can consult with a Mississippi divorce attorney if you would like legal assistance regarding a divorce matter. You can also find more resources and information on this topic by visiting FindLaw’s section on Divorce.
Getting Divorced in Mississippi? Get Professional Legal Help Today
Divorce is difficult for just about everyone involved, both emotionally and from a legal standpoint. A divorce attorney can help you navigate the intricacies of the legal system and courts, while making sure your best interests are protected. Get started today by reaching out to an experienced Mississippi divorce lawyer.
