Mississippi Divorce Procedures

In this state, a minor who is married may defend or bring a suit for divorce, child custody, temporary spousal support, separate maintenance or support or any other topic pertaining to marital rights in the absence of the need of a next friend or guardian ad litem. In such a scenario, the judgment issued by the court would be as effective as would have been if the minor would be an adult.

Rules regarding Mississippi Divorce Procedure

• The contents of the Answer of the Respondent cannot be considered as an evidence
• A divorce can be granted by the court on the basis of irreconcilable differences in vacation
• No judgment by default may be granted
• It is not necessary that a Defendant must answer on oath
• Unless there is a request by one of the divorcing parties, the court clerk would not set down the divorce case on the issue docket
• With the exception of complaints attempting a divorce on the ground of irreconcilable differences, the complaints of all other divorce cases must have attached with them an affidavit of the Plaintiff. This affidavit must mention that it is not being filed due to a agreement with the Defendant regarding the intent of procuring a divorce and the reasons of divorce mentioned in the complaint are true
• In case the Defendant is insane or an infant, then, the court appoints a guardian ad litem to represent this Defendant
• Consider that one divorcing partner has become insane to such a degree that the only solution is to appoint a guardian for this partner. Further, under such circumstances, the other sane partner may act in such a manner that under the present laws, the grounds of divorce are applicable. In this scenario, the guardian has the right to file bill, in the name of the insane person, for a divorce in the same manner, same way, same process and same location as the insane individual would have done, if he or she would be sane.

Venue for filing of complaints in Mississippi Divorce Procedure

Consider a complaint for divorce based on the grounds of irreconcilable differences. When one of the divorcing partners is not a resident of Mississippi, then, such a complaint must be filed in the county wherein the resident party stays. If both the divorcing partners are residents of this state, then, it shall be filed in the county of residence of either party.

Consider the complaints that are not based on irreconcilable differences. In case the Defendant is not a resident of this state or is absent, then the complaint is filed in the county wherein the Plaintiff lives. Whenever the Defendant resides in this state or is found in this state, the complaint is filed in the county the Defendant is in or in the county of the residence of the divorcing partners on the date of separation.

The Mississippi Rules of Civil Procedure contains Rule 82(d) that dictates the transfer of venue.

Divorce Papers