Divorce is an emotionally and mentally challenging legal affair. Financially, it can be devastating. Whether or not it goes smoothly or gets nasty depends on how you handle it. However, you have a couple of options to make the process easier.
If you and your spouse can’t settle on what to eat for dinner let alone anything else, then a contested divorce may be your best option. Contested divorce is the lengthier, expensive process held in front of a judge with lawyers arguing on your behalf.
Because of these proceedings, the specific terms of your divorce become a part of public record. Contested divorces are common because spouses can’t come to agreement on matters such as child custody and support, property division, and alimony.
However, if you and your spouse can agree on specific terms without the mediation of a judge, you could go with an uncontested divorce. In Mississippi, uncontested divorce is a divorce on the grounds of irreconcilable differences. This process is much simpler and less expensive. Thus, saving some of your sanity and, perhaps, remaining civil with your future ex-spouse.
Divorcing in Mississippi
To divorce in Mississippi, you or your spouse must have been a resident of the state for the past six months. If either of you are in the armed forces and stationed within the state, you are automatically considered residents. When filing, it must be done in the county in which you reside.
Irreconcilable differences are the No-Fault grounds for divorce. Some common Fault grounds include impotency, incarceration, drug or alcohol abuse, adultery, and cruel and inhuman treatment. (Speak with us for a complete list.)
During a contested divorce, the judge will take into account each spouse’s financial situation to determine property division, alimony, and child support. The judge will also take the child’s (12 years of age or older) preferences into consideration when disputing custody. If a spouse wishes to change their name, they can petition this during the divorce proceeding.
If you’re ready to begin the divorce process whether it be contested or uncontested, in Mississippi, Tennessee or Missouri, Bosserman Law can help you.