State Of Mississippi Divorce Laws

Mississippi Divorce & Family Law Summary

Introduction

This article briefly summarizes Mississippi’s divorce law. It covers critical issues such as child custody and support, alimony, and division of marital property.

This article aims to inform and prepare you with the knowledge to make informed and thoughtful decisions as you move through the divorce process.

This article will cover the following legal areas of divorce in Mississippi:

• Residency Requirement
• Legal Grounds for Divorce
• Property Division
• Alimony Maintenance
• Legal Name Change of Spouse

Residency Requirement

In Mississippi, one of the spouses must have been a resident of Mississippi for at least six months before filing for divorce. The residency requirement means being able to demonstrate that you have a permanent residence in the state and intend to remain there indefinitely.

Legal Grounds for Divorce

Mississippi offers two types of legal grounds for divorce: one based on fault and the other based on no-fault grounds.

1. Grounds for Divorce Based on Fault

Under fault grounds, the spouse alleges the other is responsible for the marriage breakdown. The statutorily recognized grounds for fault-based divorce in Mississippi include:

• Adultery
• Cruel Emotional or Physical Mistreatment of Spouse
• Desertion For At Least One Year
• Impotence
• Spouse in State Penitentiary
• Bigamy
• Pregnancy by Another Person at The Time of Marriage
• Habitual Drunkenness or Drug Use
• Incestuous marriage
• Incurable mental illness

2. No-Fault Divorce

Mississippi also allows for divorce based on irreconcilable differences. To obtain this type of divorce:

• The parties must have lived separate and apart for a continuous period of at least six months without cohabitation.
• The parties must agree that their differences are irreconcilable and the marriage is irretrievably broken.

The Preferred Grounds For Divorce Are No-Fault: Although Mississippi offers both fault and no-fault divorce, one should know that proving fault can sometimes influence the court’s decisions regarding alimony and property division. Therefore, it’s not always a strategically or emotionally wise option. Choosing the fault option leads to a more contentious and lengthy process.

Property Division

Mississippi is an equitable distribution state, with the added twist that each spouse retains the property for which they have the title, but jointly titled property will be divided equitably by the court. If the property settlement is disputed, the property division shall be at the court’s discretion.

Alimony (Spousal Maintenance)

Alimony is s not automatically awarded in divorce cases. The court considers various factors to determine if alimony is appropriate and, if so, the type, amount, and duration of support.

Types of Alimony in Mississippi:

Periodic Alimony: This type of alimony usually involves ongoing monthly payments. It can be awarded for a specific period or indefinitely, depending on the circumstances.

Lump Sum Alimony: This is a one-time, fixed payment from one spouse to the other. It’s less common than periodic alimony and typically awarded when a clean financial break is desired.

Rehabilitative Alimony: This type of alimony is designed to help the other spouse become self-supporting. It’s awarded for a limited time while the recipient of the alimony pursues education, job training, or other means to improve their earning capacity.

Factors Considered by the Court:

When deciding whether to award alimony and determining its terms, Mississippi courts consider a range of factors, including:

• The court considers both spouses’ current and potential incomes and factors like education, work experience, and job opportunities.
• Whether there are age-related health issues or disabilities that impact the earning potential of one spouse.
• The length of the marriage with longer marriages results in a higher likelihood of alimony. This is especially the case where one spouse sacrificed their career for the family.
• Marital misconduct is still a factor, notwithstanding that Mississippi is a “no-fault” divorce state. Therefore, adultery or other significant marital misconduct can influence the court’s alimony decisions.
• The court considers the standard of living during the marriage: The court will try to prevent a substantial decline in one spouse’s standard of living after divorce.
• Contributions to the marriage include financial and non-economic contributions, such as homemaking, child-rearing, and supporting the other spouse’s career.
• The court considers the tax implications of alimony for both spouses.

Alimony Is A Tricky Area Of The Law: Consult with an experienced Mississippi divorce attorney to understand how the above factor and others might apply to your specific situation.

Child Custody

Suppose the parents can’t reach a mutual agreement concerning custody. In that case, the court will base its decision on the child’s best interests. There is no presumption that either parent is better suited for control based on gender.

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

Child Support

Mississippi uses an income-based formula to calculate the presumptive amount of child support. This formula considers both parents’ combined adjusted gross income and the number of children to be supported. You can find the Mississippi Child Support Guidelines online.

Legal Name Change of Spouse

No laws directly address changing a spouse’s name upon divorce, but each spouse has the right to petition the court for a name change.

Sources and References

Mississippi Department of Human Services

Mississippi State Bar

State Law Library of Mississippi

Cornell Law Institute – Divorce

Child Custody Laws Mississippi

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