Mississippi divorce laws

Child Support

During the process of divorce or application for annulment, the courts, guided by Mississippi divorce laws, are required to make rulings that address the care, custody, maintenance or child support of the children. These rulings will include consideration for the needs of the respective spouses as well as the particular needs of the primary custodial parent and the needs of any children. The court has the latitude to change any interim order, or make it/them permanent, and may order that any health insurance in effect be continued until or unless another ruling changes it.

Don't be late. Whenever the court has ordered a party to make periodic child support or maintenance payments, and if those payments go unpaid for a period of at least thirty (30) days, the court may serve the payor with process and will be subject to a hearing in the case.

The chart below details, in general terms, the obligation of child support for the payor.

Authorized by Mississippi divorce laws, Mississippi operates the Division of Child Support Enforcement, within the State’s Department of Human Services. This office assists families in several ways: (1) collecting and distributing child support payments, (2) establishing and enforcing child support orders, (3) location of non-custodial parents, (4) establishing paternity, and working with child support programs in other states to facilitate child support collection. In Mississippi the child support collection division is called the Central Receipting and Disbursement Unit. Contact this office by calling 1-800-948-4010 (fax) (601) 713-3318 or going to a local office. Other contact phone numbers include Mississippi Child Support Laws Customer Service Office at 1-866-461-4095 and the Child Support Automated Voice Response System at 1-800-434-5437. This site also has a direct link to Mississippi's divorce statutes through the state laws drop down, or or go here.

Residency

One of the parties must have been a resident within this state for six months prior to the filing of the suit. A member of the armed services stationed and residing in the state with his spouse is (are) considered residents of the state provided they were residing within the state at the time of the separation. [If the court finds that you moved to Mississippi merely to file divorce within this state, they may dismiss the complaint.]

Child Custody

Family courts interpret Mississippi divorce statutes and make no presumption in favor of maternal custody. In theory this means either parent has an equal opportunity to be granted physical custody. [The reality is that most custody awards go the mothers (in more than three-fourths of the cases), although courts are awarding custody to fathers in greater numbers in recent years].

Child custody will be awarded according to the best interests of the child:

Physical and legal custody to both parents jointly; Physical custody to both parents jointly and legal custody to either parent; Legal custody to both parents jointly and physical custody to either parent; Physical and legal custody to either parent.

If the court finds that both of the parents have abandoned or deserted a child or that both such parents are mentally, morally or otherwise unfit to rear and train the child the court may award physical and legal custody to:

(1) The person in whose home the child has been living in a wholesome and stable environment; or (2) Physical and legal child custody to any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child. [Courts in Mississippi presume that joint custody is in the best interests of the child unless factors change that presumption].

In making an order for custody to either parent or to both parents jointly, the court may require the parents to submit to the court a plan for the implementation of the child custody order.

Joint child custody may be awarded where irreconcilable differences is the ground for divorce in cases where one or both both parents make a motion for joint custody.

When a court awards joint physical and legal custody, the parties are obligated to exchange information concerning the health, education and welfare of the minor child. The court will order that the parties confer with one another in decision-making, responsibilities and authority.

Access to records and information pertaining to a minor child e.g. medical, dental and school records, will not be denied to a parent because the parent is not the child's custodial parent.

Grounds for Divorce

Mississippi divorce law allows for no-fault divorces, no fault divorces with contested issues, and fault divorces. The most common Mississippi petition for divorce is on the grounds of irreconcilable differences. Joint agreement by the husband and wife is required, or when a complaint has been personally served with process and where the defendant has entered an appearance by written waiver of process.

There are two ways to go with respect to how the details of your divorce will be finalized. You can both agree on the particulars or a court will impose what it believes satisfies all involved. Create a written agreement for the custody and maintenance of your children and the settlement of any property rights between the parties. If the court believes it to be adequate and sufficient, that agreement can be included in the judgment. Otherwise expect the unexpected.

You may, however, agree on irreconcilable difference being the cause of the end of your marriage but not be able to agree on custody and maintenance issues surrounding you and your spouse, and any children. in this case the court will decide the disputed issues and allow for the irreconcilable differences plea. [The court would require consent by both parties and an acknowledgement that they agree to allow the court to decide the contested issues].

All matters involving custody and maintenance of any child of the marriage and property rights between the parties must be resolved before the court will grant a judgment of divorce.

In a filing for divorce on the ground of irreconcilable differences, sixty days must elapse before the case is heard. However, as stated above, the court can finalize a divorce if a joint complaint of husband and wife has been entered, where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver of process. [the defendant agrees to the terms of divorce as presented to the court].

If the parties do not agree to get divorced, then one party must seek the divorce based on one of twelve recognized grounds.

In divorce proceedings based on "fault", a dissolution may be granted on any of the following:

• Natural impotency
• Adultery, unless evidence suggests it was committed by collusion of the parties, or unless the parties lived together after becoming aware of any adultery
• Being sentenced to, and residing in a penitentiary
• Desertion of the home and family for one year
• Habitual drunkenness
• Habitual and excessive drug abuse
• Habitual cruel and inhuman treatment
• Incurable insanity [thorough examination required]
• Bigamy
• Pregnancy by another person at the time of the marriage, if the husband did not know of such pregnancy
• Marriages of certain blood relatives

Mediation

No mediation or counseling is required in Mississippi.

Alimony

In the course of a divorce proceeding, the court may award temporary or permanent spousal alimony (a.k.a. maintenance). If the parties are unable to agree on maintenance, the court will step in and make a spousal award based on the following considerations:

• income and expenses of each spouse;
• the spouse’s health and medical condition;
• the spouse’s needs and debt obligations;
• the custodial award;
• the ages of the spouse’s;
• the standard of living while married;
• tax consequences;
• any marital fault or misconduct; and dissipation of assets.

Waiting Period

A waiting period of 60 days after filing the joint complaint is required before a divorce can be granted.

Grandparents Rights

A grandparent may petition the court for visitation of his/her grandchild after being denied visitation [by a parent or guardian of the grandchild], and will be then granted visitation if it can be shown that the grandparent had established a healthy relationship with the child and the parent or custodian of the child unreasonably denied the grandparent visitation rights with the child; and that visitation rights of the grandparent with the child would be in the best interests of the child.

Dividing Assets

Mississippi recognizes basic equitable distribution procedures. It requires parties to provide a written financial disclosure statement to the other party. This disclosure should be:

• A detailed written statement of actual income and expenses and assets and liabilities.
• Copies of the preceding year's Federal and State Income Tax returns, or copies of W-2's if the return has not yet been filed.
• A general statement describing employment history and earnings from the inception of the marriage or from the date of divorce, whichever is applicable.