Mississippi Divorce Laws
In Mississippi, the petitioner will file for divorce in the chancery court. The other spouse is the respondent. For a no fault divorce, the marriage is irretrievably broken with no chance of reconciliation. In this case, the petition needs to be filed only in the county where the petitioner resides. In a fault divorce, it must be filed in the counties of both parties, unless one does not reside in Mississippi anymore.
There are many grounds for a fault divorce, including: impotency; adultery; one spouse is sentenced to prison; a spouse has been deserted for a lengthy period of time; extreme and routine intoxication with drugs or alcohol; cruel or abusive treatment; mental incapacitation; the spouse was already married to someone else at the time of marriage; the spouses turn out to be related; or the wife was pregnant by someone else at the time of marriage. Mediation is not required in the state of Mississippi, but it might be ordered for the benefit of the divorce proceedings. In some cases a waiting period may be applied before the divorce can be filed.
Mississippi Divorce Laws & Property
Mississippi is a title state, which means that anything titled in either spouse’s name is considered their separate property. All other marital property will be divided equitably. The court will consider these details:
the value of the marital property and the separate property
the contributions of the spouses towards acquiring the property
the way each spouse handled the marital property
the tax situations of both parties after property division
how property division might influence alimony
the needs and assets of both spouses
and the incomes and financial resources of both spouses.
Mississippi Divorce Laws & Alimony
When determining alimony, the court will consider the following: the incomes and expenses of both spouses; the age and health of the spouses; the standard of living established during the marriage; the debts and assets of the spouses; other financial responsibilities including other children or former spouses; tax consequences of alimony; how each spouse treats assets and whether they were wasteful during the marriage; and the reason for the divorce and whether one spouse was at fault. Alimony may be paid in one lump sum or periodic payments. If the spouse receiving alimony remarries, alimony will end.
Mississippi Divorce Laws & Child Custody
Physical custody is awarded to the parent with whom the child will live most of the time. The other parent might be awarded visitation rights. Legal custody is the right of the parent to make decisions about major events in the child’s life such as religion and education. In Mississippi, the options for custody are usually:
joint physical and legal custody to both parents
joint physical custody to both parents and legal custody to one parent
joint legal custody to both parents and physical custody to one parent
or physical and legal custody to one parent.
The court considers other factors including whether domestic violence ever occurred, if either parent ever deserted the child, and the character and morals of both parents. Grandparents of the child may petition for visitation rights if it is beneficial to the child. Parents are encouraged to maintain relationships with their ex-in laws if it is in the best interest of the child to continue seeing the grandparents or other relatives such as aunt, uncles, or cousins.
Mississippi Divorce Laws & Child Support
Mississippi has a set of guidelines for determining child support. The incomes of both parents are determined based upon wages, salaries, and other financial resources. A percentage is then calculated based upon these numbers to declare the monetary amount that each parent is responsible for. Adjustments or deductions can be made based upon many factors, including which parent provides health insurance or pays for child care, if necessary. Other items that are factored into child support include:
any special needs of the child such as medical, dental, or educational support and how they were paid during the marriage
whether the child has any independent income such as from a trust or their own wages if they are old enough to hold a job
any additional income from alimony or property awards
any variations in income such as seasonal work or bonuses
the age of the child
total available assets of both parents and the child
the custody arrangements and if the noncustodial parent will spend a significant amount of time with the child, thus reducing the financial burden of the custodial parent
the noncustodial parent’s willingness to spend time with the child and participate in activities
and any contributions by one parent as a homemaker.
