Uncontested Divorce in Mississippi: A Guide
Going through a divorce can be a complicated and stressful process. However, it doesn’t have to be that way. An uncontested divorce in Mississippi is a low-conflict, low-cost alternative to a contested divorce. In this article, we’ll outline what an uncontested divorce is and how to file for one in Mississippi.
What is an Uncontested Divorce?
An uncontested divorce is when both parties agree on all issues related to the divorce, including property division, child custody, visitation arrangements, and support payments. An uncontested divorce can save time and money, as well as emotional stress, associated with the divorce process.
Requirements for Uncontested Divorce in Mississippi
To file for an uncontested divorce in Mississippi, the following requirements must be met:
-Both parties must agree on all issues related to the divorce, including property division, child custody, visitation arrangements, and support payments.
-The parties must have lived apart for at least 60 days.
-Both parties must file a joint complaint for divorce with the court.
How to File for Uncontested Divorce
Here are the steps to follow when filing for an uncontested divorce in Mississippi:
1. Gather all necessary documents such as a signed agreement on property division, child custody, visitation arrangements, and support payments.
2. Complete the joint complaint for divorce, which is available online or at the courthouse.
3. File the joint complaint for divorce with the court in the county where either party resides.
4. Wait for the judge to sign the divorce decree.
5. Once the divorce decree is signed, both parties must follow the terms of the divorce agreement.
Advantages of Uncontested Divorce
There are several advantages to filing for an uncontested divorce, including:
-Less time and money spent on legal fees and court costs.
-Less emotional stress and conflict compared to a contested divorce.
-The ability to negotiate and agree on the terms of the divorce settlement.
If you and your spouse are able to agree on all issues related to your divorce, an uncontested divorce may be the best solution for you. By following the above guidelines, filing for an uncontested divorce in Mississippi can be a straightforward and relatively simple process. It’s always a good idea to consult with an experienced family law attorney to ensure all legal requirements are being followed properly.
How to Get an Uncontested Divorce in Mississippi
Uncontested Divorce In Mississippi proceedings can help you to eliminate some of the difficulties associated with divorce, including the stress of unnecessary filings and high lawyer bills.
That is because both spouses agree that a divorce is necessary, and they also agree to all the terms of the divorce, such as how property will be divided and what child custody, child visitation, and child support will be like if a minor child is in the equation.
Who Can File for Uncontested Divorce in Mississippi?
Mississippi is a no-fault divorce state, which means that irreconcilable differences are a fine enough reason to file for divorce and the only one you will ever need to state.
In order to file for an uncontested divorce in Mississippi, you or your spouse needs to have been a resident for at least six months. The divorce should be filed for in the county where at least one of the respondents resides.
What Forms Will Need to Be Filed for Uncontested Divorce in Mississippi?
The main advantage of an uncontested divorce in Mississippi is that it saves you from a trial and all the attached hassle.
Unfortunately, it does not save you from filling out many forms. Here are some of the forms you will have to familiarize yourself with during the uncontested divorce in Mississippi process:
• Bill for Complaint for Divorce, which identifies both parties and names the civil action requested;
• Verification of the Bill for Complaint for Divorce, verifying the truth of the information in the Complaint;
• Marital Settlement Agreement, which the whole uncontested divorce in Mississippi concept hinges upon since it includes all the terms of the divorce that the two spouses have agreed upon;
• Financial Disclosure Statements (2), which must be filed separately by each spouse and answers questions about their income and financial history;
• Affidavit Regarding Children, which is only required if minor children resulted from the marriage and confirm their address to prevent parental kidnapping in the future as well;
• Child Support Guidelines, concerning how child support is to be calculated based on income;
• Child Support Computation Worksheet, in which child support actually is calculated.
What Happens Next?
The first thing is that the other spouse will need to be notified of the Complaint for Divorce, which should be simple enough considering that this is an uncontested divorce in Mississippi.
The spouse will need to send an Acknowledgment, Acceptance of Service, and Appearance, which simply confirms that they have knowledge of the divorce.
Then the original petitioner must file a Request for Hearing, and a date will be assigned when the petitioner will present their divorce complaint to a judge.
At the end of the hearing, the judge will issue a judgment concerning the fairness of the terms of the Marital Settlement Agreement.
Assuming that the judge validates them, he or she will then sign the Decree of Divorce, which will finalizes the uncontested divorce in Mississippi.