In the state of Mississippi, certain requirements apply to the various divorce or separation options that are available.
However, there are two main divorce categories: contested and uncontested. How do these differ?
If an amicable parting of the ways is not in your future, you and your soon-to-be-ex are likely facing a contested divorce in court. In Mississippi, the grounds for a contested divorce include:
- Habitual cruel and inhumane treatment
- Habitual and excessive use of alcohol or narcotics
- Repeated domestic battery
- Bigamy or incest
- Penitentiary sentence
The petitioner must prove the grounds for divorce in court.
“No fault” divorce
Mississippi also recognizes “no-fault” grounds for divorce, which means that there are irreconcilable differences. This is only applicable in the matter of an uncontested divorce. The couple must meet requirements for separate living arrangements:
- The parties must have lived apart under a court decree without reconciliation at the time the decree expired
- The parties have lived apart for more than two years under a court-ordered decree with no reconciliation
- The parties have lived apart for the two years prior to the filing date of the divorce with no reasonable likelihood of reconciliation
Mississippi may permit a legal separation if the court determines there is has been a disruption to a marriage. A petition for separation must be filed and, if granted, the duration is a maximum of two years. The court may modify the decree so as to provide support and maintenance for the minor children of the marriage and, in some cases, spousal support.