How Long is the Mississippi Divorce Process?
By Hancock Law Firm, PLLC |
Divorce is a formal legal procedure, and it can’t simply be taken care of with an afternoon visit to the country clerk. While you may want your divorce to be over with as soon as possible, this isn’t always the case, especially if you and your spouse don’t agree on the terms of your divorce.
Types of Divorce
There are two primary ways to get divorced in Mississippi. One party can file for divorce as a complainant, or a couple can submit applications for irreconcilable differences. Here’s a rundown of each process:
Uncontested divorce: Also known as an “irreconcilable differences divorce,” this type of divorce is a much simpler process. Terms, conditions, and division of assets are all mutually agreed upon beforehand. The agreement is thoroughly laid out in writing, and proper forms must be used. A lawyer should be consulted to ensure that the agreement is legal, practical, and enforceable.
Contested divorce: When one spouse wants to divorce, but the other doesn’t want to, or each individual wants to divorce but can’t agree to the conditions of the divorce, one spouse has to sue for divorce. In Mississippi, a dissolution of this type can’t be granted without proper grounds for divorce. For a judge to even consider granting a suit for divorce, adultery, cruelty, bigamy, habitual substance use, incurable insanity, abandonment, or one of a few other reasons must be stated when filing.
The time it will take for the divorce to be finalized depends on what type of divorce the spouses file for.
Uncontested Divorce Timeline:
A mandatory 60-day waiting period follows any suit for an uncontested divorce. After this period is over, the couple is allowed to enter proceedings to finalize the divorce. During the 60 days, either party may contest the divorce, necessitating that the couple follows the procedure for a contested divorce.
Contested Divorce Timeline
After filing for divorce, the other spouse requires at least 30 days’ written notice before any court proceedings can begin. A settlement is not guaranteed to be reached on the first proceeding, so the divorce can continue for months or even years before an agreement is reached and the divorce is finalized.
In Need of a Divorce Attorney?
The time it takes to settle a contested divorce heavily depends on the wants and needs of each party and how much they’re willing to negotiate. No matter how long or short the divorce may be, an experienced legal team is vital when going through the process. At Hancock Law Firm, PLLC, we have the resources and expertise to make sure the divorce goes as smoothly and favorably as possible.
Call Hancock Law Firm, PLLC, today at (601) 853-2223 to start the process of divorce.