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Divorce Laws in Mississippi

Mississippi is most unique in its method of dividing property. Most States are either equitable distribution or community property States, where the intent is to divide property in a fair or equal fashion. Mississippi divides property according to whose name the property is under.

Residency and jurisdiction
At least one spouse must live, or be stationed by the military, in Mississippi for at least six months before filing for divorce. Divorce can be filed in the county where either spouse lives.

Fault or no fault and grounds for divorce
Mississippi grants fault and no fault divorce. No fault divorce will be granted on the ground of irreconcilable differences.

Acceptable grounds for fault divorce are:

  • Adultery
  • Impotence
  • Incarceration
  • Alcohol or drug abuse
  • Insanity up to three years
  • Wife being pregnant by another man without the husband’s knowledge
  • Desertion for one year
  • Cruel and inhumane treatment
  • Mental incapacity to consent to divorce
  • Incest

Division of property
Mississippi is a “title property” State. Property is awarded according to whose name is on the title. If the court finds this method of property division will result in an unfair financial advantage to one spouse, they may revert to the “equitable distribution” method and consider:

  • Contributions to acquisition of property
  • Market value of the property
  • Financial stability of each spouse
  • Tax consequences

Spousal support
Mississippi may award indefinite, rehabilitative, or lump sum spousal support. Factors that the court must consider include:

  • Standard of living during the marriage
  • Income and expenses
  • Health
  • Age
  • Needs and debts
  • Property division
  • Child custody
  • Marital misconduct
  • Dissipation of assets
  • Tax consequences

Child custody and support
In Mississippi, if the divorce is a no fault divorce, the court will accept an agreement made by both spouses as to child custody. If the court must decide custody it will consider the child’s wishes if the child is at least 12 years old, and will always investigate any claims of abuse.

Mississippi uses the Percentage of Income formula for calculating child support.

If you are considering or facing divorce in Mississippi, contact an experienced divorce attorney today.

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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Mississippi and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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