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File for Divorce in Madison County, MS

Decades of Experience Helping Our Clients in Times of Need

Divorce may be an emotionally draining process, which is often complicated by contentious legal proceedings. At the Hancock Law Firm, our lawyers seek to resolve every issue in the most efficient and dignified way possible. We understand that each person’s situation is different, and we adapt our approach to the needs of each individual client. Our attorneys can guide residents of the Tri-County Area through family law matters related to alimony, child custody, child support, and property division.

Contact Hancock Law Firm for a consultation with a divorce attorney you can trust.

What Are the Grounds for Divorce in Mississippi?

Mississippi law recognizes fault and no-fault grounds for divorce. (A “ground” for divorce simply means a reason to dissolve the marriage.) A fault divorce is typically based on some sort of misconduct by one spouse.

The state recognizes several fault grounds, such as:

  • Adultery
  • Imprisonment
  • Incurable insanity
  • Alcohol or drug abuse
  • Desertion or Abandonment

What Are the Grounds for a Fault-Based Divorce?

Should you decide to file for a fault-based divorce, you will need to prove one of the following issues are present with “clear and convincing evidence”: Drug or alcohol addiction, adultery, bigamy, cruel or inhumane treatment, desertion, impotency, familial relation of the spouses of a degree not permitted for a married couple, incurable insanity, pregnancy of the wife by another during the marriage where the husband was not aware the child wasn’t his, and incarceration without pardon.

No-Fault Divorce in Mississippi

A no-fault divorce, on the other hand, does not attribute fault to either spouse and requires no proof of wrongdoing. It denotes that the marriage is ending on the basis of “irreconcilable differences.” This just means that the spouses no longer get along and are not likely to resolve their divergence. This type of divorce may only be granted when both parties agree to a divorce.

If the spouses agree that they want a divorce but cannot agree on all of the related matters, the court will decide them. This is commonly known as a no-fault divorce with contested issues. In order to file for any type of divorce in Mississippi, at least one spouse must have been a resident of the state for at least six months prior to filing. The proceedings may begin in the county in which either spouse lives.

In addition to no-fault divorce and contested divorce cases, Hancock Law Group also has experience with:

  • Arbitration
  • Mediation
  • Abandonment divorce
  • Property settlement agreements
  • Collaborative divorce
  • And more

Do We Have to Be Separated Before We File for Divorce?

Unlike other states, there is no requirement that you and your spouse are separated before filing for divorce in Mississippi.

How Long Will it Take to Get a Divorce?

The length of time it takes to get a divorce depends both on whether you file for a fault-based divorce (also known as a contested divorce), or a no-fault divorce (also known as filing for divorce based on irreconcilable differences). Should you file for a fault-based divorce, you will likely have to go through a trial, where you prove the basis for the fault-based divorce in court. Should the judge decide that the case for a fault-based divorce was proven at trial, the divorce will be final as soon as the judgment is entered.

However, trials can take a very long time. Should you file for a no-fault divorce, the divorce could be final in as few as 60 days after the complaint for divorce is filed. However, there are other motions and requests that can be filed in a divorce action, such as requests for temporary relief (i.e., alimony payments), that could slow down the process.

Where Do I File for Divorce?

If you are filing for a no-fault divorce and you and your spouse live in separate counties, you can file in either the county where you live or where your spouse lives. If you’re filing for a fault-based divorce, things can get a little more complicated. If your spouse lives in Mississippi, you must either file in the county where your spouse lives or in the county where you lived with your spouse prior to separating. If your spouse lives out of state, the spouse filing for a fault-based divorce should file in the county where he or she lives. There is a residency requirement to file for divorce in Mississippi – one of the spouses must have lived in the state, as well as the county where you’re filing, for at least six months prior to filing.

What Are the Costs and Fees I Can Expect to Pay When I Get a Divorce?

The basic costs of filing for divorce can vary between counties. Filing divorce forms will cost around $100. If you are filing for a fault-based divorce, you will also need to serve your spouse with the divorce complaint, which can cost around $50. If you cannot locate your spouse, you will need to publish notice of the divorce complaint in a newspaper for three consecutive weeks, which can cost around $125. After 30 days, the spouse will be considered to have received notice, and the divorce can proceed. These are only court costs, and hiring an attorney to represent your interests and ensure that you reach a fair result will involve additional fees.

Consult a Divorce Lawyer: (601) 843-0985

If you are thinking of filing for divorce or are going through a divorce, it is important to seek the advice of a skilled attorney who can help you explore your grounds for divorce. At the Hancock Law Firm, we have assisted many people in the Madison, Rankin, and Hinds County area. We understand that this is a difficult time for your family and you, and we will treat you with the sensitivity that you deserve while advocating vigorously on your behalf.

We also represent people in Madison, Ridgeland, Clinton, Flowood, Brandon, Flora, Yazoo City, Carthage, and Vicksburg, among other communities. To set up a consultation, call us at (601) 843-0985 or contact us online.

Contact Hancock Law Firm, PLLC

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