Divorce: What Are The Basics?

Divorce: What Are The Basic Steps?

Divorce laws will vary by state, but these are the basic steps and procedures one can expect to encounter in Mississippi:

First, you need to research local attorneys that specialize in divorce. Make sure you specifically research divorce attorneys and seek background information. Seeking counsel from an attorney that does not specialize in divorce or family law will prove to be detrimental. Once you have found a qualified Mississippi divorce attorney, you can expect you case to proceed in the following manner, keeping in mind that all cases are different and will never be exactly the same and produce the same outcome as one you have heard about from friends, family or TV.

1. You or your spouse must meet the 6 month residency requirements of the state of Mississippi, meaning you must have lived in Mississippi for at least 6 months.

2. You must have “grounds” (a legally acceptable reason) to end your marriage, in Mississippi there are 12 fault grounds . If you do not have grounds for divorce, then you can file what is called a "Joint Complaint". A Joint Complaint means you and your spouse agree that the two of you should be divorced, and is Mississippi's version of a "no fault" divorce. If the joint complaint route is taken, the court requires a 60 day "reflection period" before the divorce can be finalized.

3. Your attorney will advise you of the best way to proceed, prepare your case, and file the appropriate divorce papers with the court.

4. If your spouse disagrees with anything in the divorce papers, then they will have the opportunity to file papers telling their side,which will be considered “contesting the divorce.” If contested, you may have a series of court appearances to sort out the issues. Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of their own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Your lawyer will be able to advise you on how long you have to wait to see if your spouse answers before you can continue with the divorce).

5. If there is property, assets, a pension, debts, or anything else that you need divided, or if you need financial support from your spouse, then these issues may have to be dealt with during the divorce or else you may lose your chance to deal with these issues. The issues may be worked out during settlement negotiations, and incorporated into the divorce decree or in a series of court hearings during the divorce.

6. If there are any children born of the marriage, then child custody, child support and visitation will have to be determined as well.

Divorce and all of the issues that come along with it can be stressful and emotionally draining . If you or someone you know are dealing with divorce, you should seek the advice from a Mississippi attorney who practices family law, so that the burden and stress can be reduced.