Posts Tagged ‘Filing for Divorce in Mississippi’

The Top Things to Know Before Filing for Divorce in Mississippi

Wednesday, September 18th, 2013

You meet, fall in love, say “I do,” and hope your perfect life with someone will last forever.  You never anticipate being one of those couples to end up divorced.  But sadly, half of all marriages in the U.S. today will end in divorce.  If you are among that half, you are likely hurt, afraid, and daunted by the prospect of filing for divorce.  To this end, we have prepared the following list of things that you should know before filing for divorce.

  1. There is no winner in a divorce—many people go into a divorce hoping to “win” and beat their spouse, but the reality is divorce has no real winner.  Divorce involves a variety of issues such as child support, custody, alimony, and division of property.  Generally, divorcing spouses will not get everything they may want.  However, with the help of an experienced divorce attorney, you may end up with that which you care most about, be it a favorable child custody arrangement or continued use of the marital home, among other things.
  2. Make sure you meet your state’s residency and/or waiting period requirements—every state will have its own residency requirements and some have waiting period requirements, in which you must be legally separated before filing for divorce unless you meet some other condition.  It is best to consult with a knowledgeable divorce attorney in your area.  In Mississippi, for instance, one of the divorcing spouses must reside in the state of Mississippi for at least six months before filing for divorce.   A no-fault divorce may be initiated in the county where either party resides; however, a fault divorce must take place in the county in which the plaintiff (the party seeking divorce) resides if the defendant lives outside the state or cannot be located.  Further, for a no-fault divorce in Mississippi, there is a 60 day waiting period before the divorce can be granted. There is no such waiting period for a fault divorce.  A fault divorce is a divorce in which the spouse filing for divorce alleges any number of fault grounds, such as: adultery; custody in the Mississippi Department of Corrections; insanity; wife’s pregnancy by a different person at time of marriage where the husband was unaware; natural impotency; desertion; habitual drunkenness or drug use; and cruel or inhumane treatment.
  3. Divorce can be costly, but does not have to be—research reveals that the number one question spouses contemplating divorce have is what will their divorce cost.  The cost of the average U.S. divorce is $15,000.  While this sum might seem daunting, it is far less than the true cost of staying in an unhappy marriage.  Further, divorce does not have to cost this much.  With a divorce attorney experienced in mediation, you may be able to settle many issues outside of the courtroom, saving much time and expense.
  4. An experienced divorce attorney is essential—oftentimes, divorcing spouses may feel their divorce will be simple and there are too few assets involved to require hiring a divorce attorney.  This can be a costly mistake and one that causes much frustration for the divorcing spouse.  All too often, that seemingly simple divorce turns into a nasty battle between spouses over custody, division of property, or alimony.  An experienced divorce attorney zealously argue on your behalf so that you receive the best possible legal outcome.  A divorce attorney will know just what assets you have a claim to, how to get you that perfect custody arrangement, and whether or not you are entitled to alimony.

Matthew S. Poole is an experienced, compassionate Mississippi divorce lawyer who will work tirelessly to ensure his clients receive the best possible outcome from their divorce.  Matthew Poole has extensive knowledge of local divorce laws and experience mediating between divorcing spouses.  Call Matthew Poole today at (601) 573-7429 to schedule a consultation.