Guide to Mississippi Divorce Forms
While many states make divorce forms standardized and available online, the state of Mississippi has no official divorce forms that can be used by all couples. Instead, each county is allowed to have its own rules and regulations about divorce forms. You may be able to obtain forms from your County Chancery Court that will assist you in starting your divorce. This guide can give you some idea what several types of Mississippi divorce forms look like and the kind of information you will need to complete them.
Initiating Divorce: The Complaint
The first divorce forms that are filed in a Mississippi divorce case are called a complaint. These Mississippi divorce forms require several pieces of information for the filing spouse (also called the “plaintiff spouse” or just “plaintiff”):
ñ Both parties' names
ñ The current address of the plaintiff spouse and current or last known address of the other (“defendant spouse”)
ñ A general summary of the marital property held by the couple
ñ Names and dates of birth for any children
ñ The grounds for divorce. Typically, if you are filing for divorce yourself, you will want the “no fault” grounds of an irretrievable breakdown in your marriage.
ñ The relief you are seeking—do you want child support? Alimony? Your marital home? These Mississippi divorce forms allow you to make requests in your divorce.
Remember, these are just some of the many details you will need to know for your Mississippi divorce forms. If you are considering filing for divorce seriously, you should consider consulting with an attorney or at least visiting your local courthouse to better understand your county's specific filing requirements.
Answering Divorce Papers
The answer is a response to the initial complaint. If you have been served with Mississippi divorce forms, your official summons should list a deadline by which you must file an answer.
You should call or appear in person at the courthouse where the Mississippi divorce forms were filed if you want to obtain your county's divorce forms to help you draft an answer. In general, an answer will follow a similar format to an initial divorce complaint—you will have to also give grounds for the divorce and specify what relief you are requesting from the court.
Marital Settlement Agreements
The vast majority of divorces are not resolved with trial. Instead, most spouses choose to settle their divorce out of court, only making a court appearance in order to have the settlement approved. The settlement agreement will need to demonstrate an agreement between the spouses as to how all marital property will be divided.
Some counties make forms available to help divorcing couples write out their settlement agreement. You can contact your County Chancery Court to find out about any Mississippi divorce forms that are available locally. Alternately, you may choose to hire a lawyer. A local divorce lawyer will have experience in creating Mississippi divorce forms that are valid in the county where your divorce was filed.