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Mississippi requires that both spouses sign the agreement in the presence of a notary. The agreement may then become a part of your divorce judgment. If there are any issues you cant agree on, your case will proceed as a contested divorce.
Spousal abandonment is a desertion without cause that continues for a specific length of time, usually one year.
Fleeing marriage and a spouse is not uncommon, and in Mississippi, desertionor abandonment by one spouse may be a ground for divorce. Under Mississippi law, [w]illful, continued and obstinate desertion for the space of one (1) year is grounds for divorce. MS 93-5-1 (2014).
If your spouse fails to answer your petition of divorce by the deadline, or simply refuses to answer, you can request the judge grant your divorce by default. In a default judgment, the judge can grant the requests outlined in your divorce petition.
The Mississippi Supreme Court has said that to prove adultery, a plaintiff-spouse must show by clear and convincing evidence that the other spouse exhibited both an (1) adulterous inclination and a (2) reasonable opportunity to satisfy that inclination. Larson v. Larson, 122 So. 3d 1213, 1215 (Miss.
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In most states, when a spouse refuses to respond to a divorce complaint, the other spouse can file for a default judgment. However, Mississippi laws do not allow this. If a spouse fails to respond by ignoring the process, then you must go to trial, even if the spouse still refuses to participate.
Desertion or abandonment in a marriage is when one spouse leaves the other without warning and offers no communication for at least one year. If that person also has children who depend on them financially, they can be charged by the state of Mississippi for criminal abandonment.
Even though you cant stop an unwanted divorce, there are some things that you can do to try to make the marriage work. If your ex is willing to go, you can try marriage counselling. If those efforts fail, then it is best for all parties to try and work towards an amicable divorce.
Proving Adultery in Mississippi Divorces To obtain a divorce on the grounds of adultery, you must be able to show the court that your spouse had: an adulterous inclination; and. the opportunity to satisfy that inclination.
Marital Property and Division of Assets Since 1994, Mississippi has been an equitable distribution state. This means that marital property is divided fairly and equitably, but not always in a 50/50 split. Chancery courts must first decide which assets are marital and which are separate.

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