Mississippi Divorce Information | Mississippi Divorce Forms

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Mississippi Divorce Laws

Mississippi Residency Requirements

A spouse must be a resident of the state of Mississippi for a least 6 months prior to filing. If a member of the armed forces is stationed in Mississippi, he or she and his or her spouse is considered a resident. The divorce should be filed in the county in which either spouse resides if they are both residents and if the plaintiff is the only resident then in the county in which he or his resides. (Mississippi Code - Section 93 - Chapters: 5-5, 5-11)

Mississippi Divorce Grounds:

(1) Irreconcilable Differences. (Mississippi Code - Section 93 - Chapters: 5-1, 5-2, 5-7)

Mississippi Property and Debt Division

Mississippi is considered an "equitable distribution" state. If you and your spouse are unable to come to an agreement on how the marital property will be divided, the court shall use a three step process. First, it will determine what property is marital. Second, it will put a value on the marital property. Third, it will divide the marital property in an equitable fashion, which is not necessarily equal, but rather what is considered to be fair.

Mississippi Spousal Support, Maintenance, or Alimony:

If the spouses can not agree on the issue of maintenance, the court make an award that it believes to be fair. The court will consider the following factors, but not limited to; income and expenses of each spouse; the spouse's health and medical condition; the spouse's needs and debt obligations; the custodial arrangement; the ages of the spouse's; the standard of living during the marriage; tax ramifications; marital fault or misconduct; and dissipation of assets. (Mississippi Code - Section 93 - Chapters: 5-23)

Mississippi Custody and Visitation:

When the parents are not in agreement regarding the custodial arrangement, the court will award custody with the best interest of the children in mind. The court will award sole or joint custody at any time it deems appropriate. If the parents are filing under grounds of irreconcilable differences, they may both a agree to joint custody and the court will except that this is what is best for the children. If the divorce is filed on fault grounds, either parent has the right to petition for joint custody. The court will consider the wishes of a child if he or she is 12 years or older. Any accusation of abuse will be investigated by the court. (Mississippi Code - Section 93 - Chapters: 5-23, 5-24, 11-65)

Mississippi Child Support:

If the parents are not able to agree on an sufficient support amount to be paid to support the children, the court will examine the income and expenses of each spouse and establish a child support award that it believes is equitable. The court may also require a spouse to obtain or maintain health insurance for the children. All support obligations are established on a case-by-case basis, so many factors may be considered by the court for each unique situation. (Mississippi Code - Section 93 - Chapters: 5-23, 11-65)

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Mississippi Common Questions

How Do I Know if I Should File in Mississippi?

One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.

If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.

If you are in the military and are stationed overseas, you would typically file in your home residency state.

Can I Use 3StepDivorce^TM if I Have Children?

Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.

How Much Are the Mississippi Filing and/or Court Fees?

The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.

How Long Will the Process Take in Mississippi?

The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.

Should I File or Should My Spouse File?

As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.

Where and How Do I File My Documents?

The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.

Can I Mail or Fax My Documents to the Clerk?

Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.

Do I Have to Go to Court in Mississippi?

Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.

Do I Have to Also Hire a Lawyer?

3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.

Will My Name Also Be Changed?

The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.

When is the Divorce Actually Finalized in Mississippi?

The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.

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This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Mississippi. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.

With 3StepDivorce^TM you will complete and print your Mississippi divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Mississippi in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in Mississippi, learn more about getting your Separation Agreement.

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The Negotiation Center: Can't agree? Successfully settle your issues without spending hundreds on legal fees. Truly innovative and only offered through 3StepDivorce^TM.

Custody & Support Tracker: A scheduling calendar to help you manage custody, visitation and support. Easily track events and generate historical reports for current and future use. A custody management tool like this is highly recommended by courts, judges, and lawyers throughout the U.S..

Your Personal Divorce Organizer: Easily document everything in a savvy calendar environment and set e-mail auto-reminders during the process. Super easy to use and helps keep your divorce information all in one place for easy reference.

The Divorce Encyclopedia: Searchable A-Z of over 1000 divorce related terms with a definition and application in divorce. A continuously growing resource for all aspects of your divorce and the filing process.

Name Change Center: A free Name Change Notification Kit which greatly lessens the hassles of finalizing the name change process with the Social Security Office, your Driver's License, your Passport, and others.

The Divorce Download Center: A collection of over 40 titles, covering the legal, financial and emotional aspects of divorce. The wide selection of invaluable, time-tested, resources at your fingertips.