Divorce Guide to Mississippi

FWW — Fri, 28 Jan 2011 15:50:21 +0000

A woman's guide to getting a divorce in Mississippi

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MISSISSIPPI DIVORCE LAWS:

The Residency Requirement: One of the spouses must have been a resident of Mississippi for at least six months prior to filing, and not have secured residency solely for the purpose of procuring a divorce.

Grounds: No Fault: Irreconcilable differences. Fault: Natural impotence; Adultery; Imprisonment with a felony conviction; Drug or alcohol abuse; Insanity for a period of at least three years; The wife is pregnant by another man without the husband’s knowledge; Willful desertion for a period of at least one year; Cruel and inhuman treatment; One spouse lacks the mental capacity to consent to terminating the marriage; Incest.

Property Division: By case law, not by statute, Mississippi is an equitable-distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner (specifically in Mississippi, whichever party has sole title to a piece of property retains the property), while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally (click the following for an expert's overview and key tips on dividing up property and assets through divorce).

Alimony: Either spouse may be awarded alimony based on 11 factors including the length of the marriage, and the parties’ prior living standard.

Child Custody and support: As in every state, custody is based on “the best interests of the child.” Legal and/or physical custody may be awarded to the father or the mother. Joint custody will be awarded if it is requested by both parents (click the following for an overview and list of articles on child custody and child support).

Mississippi child support guidelines base child support on a percentage of the noncustodial parent’s adjusted gross income:

For one child, 14 percent
For two children, 20 percent
For three children, 22 percent
For four children, 24 percent
For five or more children, 26 percent.

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.

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Divorce Guide to Mississippi