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Divorce in Mississippi

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Mississippi is known as the “Hospitable State,” but you may need to familiarize yourself with Mississippi divorce laws if your marriage becomes bleak.

Filing for divorce in Mississippi requires one of the parties to have been a bona fide resident of the state (or stationed in Mississippi as a member of the armed service) for at least six months immediately preceding the start of the case. You cannot become residents with the sole intention of getting a divorce in MS.1

Mississippi is a no-fault divorce state but also allows fault-based grounds for divorce. A judge can grant a no-fault divorce in MS under “irreconcilable differences” but both of you must agree to get a divorce on this ground, or if the defendant fails to respond to the petition. Fault-based grounds for a Mississippi divorce include natural impotence, adultery, habitual drinking, desertion for over a year, sentencing without pardon, drug abuse, cruelty, incurable mental illness, or unknown pregnancy by someone else when you got married.2

Mississippi is an equitable distribution state, and assets acquired during and before the marriage can be subject to division. Mississippi court attempt to divide marital property fairly and equitably while looking at factors such as contributions to a partner’s education, non-monetary contributions as well as economic misconduct.3

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1Miss. Code § 93-5-5

2Miss. Code § 93-5-1

3Miss. Code Ann. § 93-5-23