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If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out. Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.
What should be in a divorce complaint?
Complaints often set forth the different legal and factual issues as alleged by the plaintiff. Do I Need a Lawyer to Get Divorced? The Complaint also asks the Court to rule on legal issues involving such things as equal distribution or E.D., alimony, custody of children, visitation, and child support.
Can you sue for divorce in Mississippi?
If one spouse sues the other to end the marriage, the plaintiff bases the suit on one of the 12 divorce grounds allowed by state law, and the court decides whether to grant the divorce.
What are the 12 grounds for divorce in Mississippi?
Mississippi has a long list of fault-based grounds for divorce: adultery. habitual cruel treatment, including spousal abuse. willful, continued and obstinate desertion for a year. habitual drunkenness. habitual and excessive use of drugs like or morphine. natural impotence. incarceration in prison.
How do I get a divorce if my husband refuses in Mississippi?
If you are filing under specific grounds for divorce there are 10 grounds for fault in Mississippi then it does not matter if your spouse refuses to sign. The Summons and Complaint gives your spouse notice of the action and allows them an opportunity to be heard if they desire.
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If your spouse wont engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse wont participate. Collaborative divorce wont work. You will have to litigate your divorce.
Can a spouse deny a divorce in Mississippi?
Mississippi gives more leeway to spouses who want to fight a divorce than many other jurisdictions. With irreconcilable differences off the table, the divorce-seeking spouse will have to provide fault-based grounds for divorce. The other spouse can contest their grounds in an effort to stop the divorce proceedings.
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Mississippi Family Law Jurisdiction and Service of Process
A complaint for divorce based solely on the grounds of irreconcilable differences shall be filed in the county of residence of either party where both
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