Why Divorce.com?
Benefits of an online divorce
Divorce.com is an affordable and convenient tool for preparing court-required papers for an uncontested divorce. This online platform was designed to help spouses save money on expensive divorce attorneys and decrease the time spent in the courthouse.
Divorce.com has a vast database of uncontested divorce forms for every situation. Whatever your circumstances, our system will select the correct documents and fill them out, according to your specific case.
Your simple steps for obtaining the divorce documents are:
Pass the brief eligibility check and answer the online questionnaire.
Make unlimited changes to your answers and pause the process whenever you need.
Download the papers prepared in a PDF format in two days. Then, print and sign them.
Follow the accompanying written instructions to file your case.
Choose Divorce.com and simplify your divorce preparations!
Mississippi
Divorce Forms
All the forms required
The divorce documents required in Mississippi depend on circumstances such as the presence of underage children and the amount of property.
Another important factor is the type of marriage dissolution. For example, if both parties agree to have an amicable divorce, they must submit a settlement agreement.
The basic forms for starting a Mississippi divorce are:
Joint Complaint for Absolute Divorce (Form MS-802D)
Civil Cover Sheet (Form MS-AOC-01)
Separation and Property Settlement Agreement (Form MS-804D or Form MS-61766)
Financial Disclosure Statement (Form MS-805D)
Certificate of Compliance (Form MS-806D)
Notice of Hearing (Form MS-807D)
Affidavit Under Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA)
Child Support Computation Worksheet
Affidavit Regarding the Children
Motion To Proceed In Forma Pauperis
Affidavit For Commencement Of Suit Without Prepayment Of Fees
Final Judgment of Absolute Divorce (Form MS-812D)
Getting the blank forms may pose some challenges. The self-help centers and state official resources offer only a few initial papers. Others can be more specific and hard to come by.
Steps to consider
Filing Requirements
Residency Requirements
Mississippi local courts must have jurisdiction over spouses, their property, children, etc. So if the couple wants the court to issue any orders regarding their case, they must comply with the residency requirements.
Essentially, either spouse must prove that they are a bona fide resident and have lived in Mississippi for six months before filing the divorce complaint.
A military member stationed in Mississippi for six months is also considered a bona fide resident.
Grounds for Divorce
Mississippi allows dissolving marriage using no-fault and fault-based legal reasons (grounds). The only no-fault ground is irreconcilable differences which can be used, if both parties agree.
Other grounds are fault-based:
Adultery
Natural impotence
Willful desertion for one year
Habitual drunkenness
Cruel treatment
Mental illness at the time of marriage
Marriage to another person
Pregnancy of the wife by someone else than the husband
If the couple is related to each other to the prohibited degree
Initial Filing
A filing spouse must take the signed and notarized Complaint for Divorce to the Chancery Court Clerk's office. If the divorce is uncontested, it should be a Joint Complaint.
The clerk will take the original and two copies of documents and assign the case number.
The proper court to file for divorce is located in the county where the defendant lives. However, if they live in another state, the initial papers must be filed in the county where the plaintiff resides.
Filing Fees
Each plaintiff must pay a filing fee when submitting the divorce papers. The average cost for filing the documents is $150. However, the prices differ between the counties, so the spouses should find out the exact sum in advance by calling the clerk's office.
If a person can't afford the court costs, they may request a fee waiver by filing a Motion To Proceed In Forma Pauperis plus one other form - an Affidavit For Commencement Of Suit Without Prepayment Of Fees.
Serving the Respondent
A filing spouse must notify the other party about the divorce proceedings which is known as "serving the defendant." The rules of civil procedure allow the following ways to perform the service:
by a process server (a person who is 18 and not the party to the case)
by the sheriff (includes additional fees)
by certified mail (the notice and acknowledgment of receipt of summons required)
by publication (if the plaintiff can't find the defendant)
A defendant may also waive the service of process or enter their appearance.
Waiting Period
The couple may obtain a divorce decree 60 days after filing the Complaint. If the divorce is uncontested, the spouses may use this 60-day waiting period to resolve all disputes about custody, property, and alimony.
This cooling-off period has other uses, too. For instance, it includes 20 days during which the defendant may file the response papers. Plus, the couple may change their mind about getting a divorce and ask to dismiss the case before the final hearing.
Finalizing a Divorce Case
The clerk of court must schedule the date of the final hearing. Finally, the spouses must take all the filed papers and the Judgment of Divorce and give them to the judge.
If their divorce is uncontested, the hearing may not be necessary. Instead, the judge will review the papers and divorce terms. The judge will sign the divorce decree if everything complies with the laws and the children's best interests.
Filing basics
Filing for Divorce
Mississippi
How to get started
The divorce documents required in Mississippi depend on circumstances such as the presence of underage children and the amount of property.
Another important factor is the type of marriage dissolution. For example, if both parties agree to have an amicable divorce, they must submit a settlement agreement.
The basic forms for starting a Mississippi divorce are:
Joint Complaint for Absolute Divorce (Form MS-802D)
Civil Cover Sheet (Form MS-AOC-01)
Separation and Property Settlement Agreement (Form MS-804D or Form MS-61766)
Financial Disclosure Statement (Form MS-805D)
Certificate of Compliance (Form MS-806D)
Notice of Hearing (Form MS-807D)
Affidavit Under Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA)
Child Support Computation Worksheet
Affidavit Regarding the Children
Motion To Proceed In Forma Pauperis
Affidavit For Commencement Of Suit Without Prepayment Of Fees
Final Judgment of Absolute Divorce (Form MS-812D)
Getting the blank forms may pose some challenges. The self-help centers and state official resources offer only a few initial papers. Others can be more specific and hard to come by.
Custody Basics
In any divorce case or annulment, the court must make orders about the custody and support of all minor children. The parents may conclude a parenting plan and decide on these issues themselves. If the judge approves the agreement, the custody provisions will be incorporated into the divorce decree.
The family law in Mississippi recognizes the following types of custody:
Joint legal custody - when both parents have decision-making authority concerning their children’s well-being.
Sole legal custody - when only a custodial parent decides what’s best for the child.
Joint physical custody - when the child spends equal amounts of time with both parents.
Sole physical custody - when the children live with a custodial parent while the other parent visits them, according to the schedule.
The courts usually try to award joint custody where the child has frequent contact with each parent. However, if a person has committed violence against any family member, the courts won’t place the child in their custody.
There are no preferences as to the gender of the primary custodian - both men and women can get sole custody.
Also, the courts may grant custody to a party other than the parents if they abandoned the child at some point or are mentally unfit to raise the child.
Uncontested Divorce
Uncontested divorces mean that couples don’t have unresolved disputes and don’t need court involvement to settle the divorce terms. As a rule, such spouses file a joint petition (complaint) and can avoid hiring lawyers.
Nevertheless, they may use the services of a divorce mediator to negotiate some of the burning issues. It’s much cheaper and safer than leaving the divorce outcome in the hands of lawyers and judges.
Couples seeking an amicable divorce must resolve the following issues:
property division, including all marital assets, debts, real estate, vehicles, etc.
legal and physical custody of all minor children
alimony and child support
health and life insurance, etc.
If you want to simplify your uncontested divorce and reduce divorce expenses, Divorce.com can help. This service will provide you with a complete packet of divorce forms in only two business days and at an affordable cost.
Support Basics
The parents must support their children financially after a divorce. Usually, the paying parent is the one without primary custody, who doesn’t live with the children.
Mississippi courts use the Percentage of Income Model to determine the amount of support. This model is based on the paying parent’s monthly gross income and the number of kids.
Mississippi child support guidelines have tables helping to determine the correct amount of support, based on the adjusted gross income. For example, the obligor must pay 14% of this income to one child, 20% for two children, 22% for three, and so on.
The court orders concerning support must cover food, clothing, education, reasonable medical support, insurance, etc.
Support payments end when the child:
turns 21
marries
joins the military
commits a felony and is imprisoned for two or more years
