The law relating to divorce in the state of Mississippi is governed by title 93 of the Mississippi Code._______.
One of the spouses must have been a resident for at least 6 months and not have secured residency for the purpose of obtaining a divorce. A member of the armed services and his or her spouse are considered residents if stationed in Mississippi.
A divorce on the grounds of irreconcilable differences should be filed for in:
A divorce sought on fault-based grounds should be filed for in:
LEGAL GROUNDS FOR DIVORCE
Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve causes, viz:
However, in the discretion of the chancery court, and in such cases as the court may deem it necessary and proper, before any such decree is granted on the ground of incurable insanity, the complainant, when ordered by the court, shall enter into bond, to be approved by the court, in such an amount as the court may think just and proper, conditioned for the care and keeping of such insane person during the remainder of his or her natural life, unless such insane person has a sufficient estate in his or her own right for such purpose.
A no-fault divorce on the grounds of irreconcilable differences will be granted if:
In addition, if there is a written agreement between the spouses for the care and custody of any children and for the division of all property, the court may incorporate such an agreement into the divorce judgment. If the spouses cannot agree on the terms of an agreement, they must consent to the divorce in writing and consent to allow the court to decide all contested issues.
There is a 60-day waiting period after filing before a hearing may be scheduled. A bill filed meeting these qualifications will be taken as proved and no testimony or proof will be required at the hearing. However, if the defendant denies that there are irreconcilable differences, the divorce may not be granted on these grounds.
Mississippi is a "title" state. Each spouse retains his or her property for which they have title. There are no statutory provisions in Mississippi for considerations regarding property division. However, Mississippi has judicially adopted the "equitable division" systems of property division. Recent court decisions have allowed for a wife's contributions to the acquisition of assets to provide the court with authority to divide any jointly accumulated assets on an "equitable" basis.
The equitable division of marital property:
Either spouse may be awarded maintenance if it is equitable and just. There are no other factors for consideration specified in the statute. The factors to be considered before awarding alimony/ spousal support:
Joint or sole child custody is awarded based on the best interests of the child. There are no specific factors for consideration in the statute. The court may award:
If irreconcilable differences are the grounds for divorce, joint custody may be awarded if both parents apply for joint custody. If both parents apply for joint custody, there is a presumption that joint custody is in the best interests of the child. Otherwise, either parent may apply for joint custody. If both parents are fit and the child is 12 or older, the child may choose the parent he or she wishes to live with.
If child abuse is alleged by either parent, the court shall order an investigation by the Mississippi Department of Public Welfare.
Child support may be ordered as the court finds just and equitable. Where both parents have income or estates, each parent may be ordered to provide support in proportion to his or her relative financial ability.
A parent may be required to provide health insurance coverage for the child, if such insurance coverage is available at a reasonable cost through an employer or organization. A bond or sureties may be required to guarantee payments. There are specific child support guidelines contained in the statute.