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Mississippi Divorce Facts

When going through a divorce in in Mississippi, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Mississippi should know. The facts listed here are only a selected few of the more comprehensive set of Mississippi Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Mississippi Divorce Professional.

  • Mississippi, unlike most states, does not have an online self-help website for the preparation of divorce paperwork.
  • In order to file for divorce, one spouse must live in Mississippi for at least six months before filing for divorce. However, for a divorce action, a person who is in the armed forces and stationed in Mississippi is considered to be a resident.
  • In order to file for divorce, a party must give grounds for divorce and prove them with evidence or testimony. Mississippi recognizes the following grounds for divorce: irreconcilable differences (which is no-fault) and other grounds that include impotence, adultery, incarceration, felony conviction, drug or alcohol abuse, insanity for at least a three-year period, the wife's pregnancy by someone else without the husband being aware, willful desertion for at least one year, cruel and inhuman treatment, incest, and one spouse lacking the mental capability to consent to terminate a marriage.
  • The court determines custody based on the best interests of the child. The court can award sole or joint custody, and if the child is 12 years old or older, the court considers the wishes of the child.
  • If the married couple is filing on the ground of irreconcilable differences, they can agree to joint custody and the court will grant it as being in the best interest of the child.

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