Mississippi Divorce Attorney Answers a Few Frequently Asked Questions Regarding Mississippi Divorce

If you are contemplating getting divorced in Mississippi or you have recently been served with divorce papers, there are likely to be many questions floating around in your mind. While an attorney cannot help you with questions like “should I divorce my spouse”, I can certainly provide you with information that is pertinent to your situation from a legal perspective. The following are questions that I frequently encounter in my Mississippi Divorce Law practice.

I am often asked whether Mississippi recognizes no-fault divorces. Couples may obtain a no-fault divorce on the basis of irreconcilable differences in Mississippi only if both spouses agree to do so. If one spouse does not agree to an irreconcilable differences divorce, then the plaintiff must state at least one of the twelve fault-based grounds for divorce which are recognized by the State of Mississippi. Those grounds are adultery, bigamy, incest, desertion, habitual cruel and inhuman treatment, idiocy, insanity, pregnancy with another person’s child at the time of marriage, impotency, habitual drunkenness, incarceration, and habitual and excessive drug use.

Prospective clients sometimes ask whether they have to be a Mississippi resident to get a Mississippi divorce. There is a residency requirement for Mississippi divorces which requires that at least one spouse must reside in Mississippi for six months or more before they file for divorce. As far as where within the state to file for divorce, that depends upon whether you and your spouse are pursuing a no-fault divorce or a fault-based divorce. No-fault divorces may be filed in the county where either spouse resides, and fault-based divorces must be filed in the county where the plaintiff lives if the defendant does not live in Mississippi or their whereabouts are unknown.

Another question which is often on the minds of prospective clients is how the distribution of marital property is handled in Mississippi. Mississippi is an equitable distribution state, which means that couples are free to divide their marital estate as they see fit, as long as the overall result of the proposed distribution is fair. Please keep in mind that fair does not always mean equal, and that it is unlikely that the two of you will walk away from your marriage with identical dollar amounts of property.

Questions about the cost of a Mississippi divorce are also very common. Since each divorce is unique, there is no single price which can be quoted to divorce clients. There are variables which do tend to increase or decrease costs, and the largest of these variables is whether your divorce case settles or goes to trial. Couples who settle their divorce cases pay far less in legal fees than couples who take their divorce all the way to court for a judge to decide one or more of the issues.

If you are planning to get divorced in Mississippi, it is essential that you speak with an attorney who understands the divorce process. Your Mississippi Divorce Attorney can explain the Mississippi divorce laws as they apply to your particular situation, and they can help you resolve your divorce in a way that works for you. To find out how Mississippi Divorce Attorney Matthew S. Poole can help you navigate the divorce process, please call our office today at (601) 573-7429 to schedule a free consultation.

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Mississippi Divorce Attorney Answers a Few Frequently Asked Questions Regarding Mississippi Divorce
Mississippi Divorce Attorney answers top questions regarding Mississippi divorce proceedings.