Before filing for divorce, you must decide if you are filing for a non-contested or contested divorce. The selection will influence how long it takes to settle your divorce and may affect the resolution of some important matters such as child custody or property division.
Filing for divorce is a difficult decision for anyone and knowing which type of divorce to file for can be confusing. Here’s what you need to know about contested divorces as compared to non-contested divorces in Mississippi.
The Difference Between Contested and Non-contested Divorce
First, it’s important to understand what constitutes a non-contested divorce and a contested divorce. You may also hear non-contested divorces referred to as “no-faults” divorces. Couples who file for a non-contested divorce typically cite irreconcilable differences and agree on the major issues pertaining to the divorce.
A contested divorce is fault-based, meaning a legal reason is cited as the cause of the divorce. There are several fault grounds in Mississippi including adultery, cruel and inhuman treatment, insanity, and desertion for one year or longer.
Important Information about Contested Divorces
First, you or your spouse must have had residency in the state of Mississippi for six months or longer to file for either type of divorce. However, with contested divorces, whoever files for divorce must prove the fault they cited as the legal reason for divorce. The other spouse will respond to the fault grounds with an acceptance or denial.
As you might have surmised, contested divorces take longer than non-contested divorces as a general rule. A Final Judgment of Divorce can be made 60 days after the initial complaint is filed. However, with a contested divorce, the court will have to decide on many of the issues at hand, lengthening the process.
An experienced attorney is a key requirement to successfully navigating a contested divorce. At Bosserman Law, we understand the challenges of divorce and how to reach a favorable outcome. To discuss your case and how to proceed, contact us today at 662.890.9558 to set up a consultation.