It is common in Mississippi divorces to cite irreconcilable differences as the reason for the split. Many divorcing couples don’t realize that under Mississippi law, there are a dozen legitimate at-fault grounds for divorce in Mississippi. They are as follows:
If none of the above grounds are cited for the divorce, a divorce can be granted on grounds of irreconcilable differences if the couple files the petition jointly, or if the defendant is personally served with the petition for divorce or has waived, in writing, service of process.
There are residency requirements in order to file for divorce in Mississippi. At least one of the spouses must have been a resident of the state for no fewer than six months before filing the divorce action in the chancery courts. When the grounds are irreconcilable differences, it may be filed in the county where either spouse lives. If an at-fault divorce is being filed, it must be filed where the plaintiff lives if the defendant can’t be located or is an out-of-state resident. If the defendant is a Mississippi resident, the at-fault divorce may be filed in the county where they are living.
Mississippi is a state with equitable property distribution. This means that the marital property is not subject to a 50 percent division, but that the court looks at the financial situation of both parties. It is generally considered to be more flexible with dividing assets, but many factors are involved in the determination. Some pertinent factors include:
That list is not all-inclusive and may include other factors that the court may deem relevant. Because divorcing one’s spouse can be more complex than it first appears, arranging a consultation with a Mississippi family law attorney is a good idea before either party files for divorce.
While divorce may be common, when you go through it yourself, you still deserve dedicated, personal focus on your rights and unique situation. An experienced divorce lawyer can help you figure out the best way forward, explain the law, and represent you in court if it is ever necessary. Take the first step now and contact a local divorce attorney to discuss your divorce.