Uncontested Divorce in Mississippi

Divorce is a particularly painful topic. The pain increases when both the partners cannot reach a consensus regarding the different aspects of the topic. If the divorcing partners permit the court to intervene to resolve their differences, then the divorcing partners loose their freedom of choice and have to adhere to the judgment announced by the court.

In this state, uncontested divorces are also known as "irreconcilable differences" or "no-fault" divorces. For those couples who desire to undergo a divorce procedure, this type of divorces are the most cost-saving and time-effective. However, these divorces demand agreement and collaboration between the parties. Each and every aspect like visitation, real estate division, child support and alimony must be agreed upon by both parties. The tendency of co-operation is seen by the signatures on the filed documents.

Time span of Uncontested Divorce in Mississippi

One can expect that this sort of divorce can be obtained from 2.5 to just over 6 months. This time span depends on the following factors.

• How fast the divorcing partners agree on the divorce issues?
• How fast the divorcing partners submit information to an attorney for drafting documents?
• How quickly the attorney drafts and files the essential documents?
• Whether minor children are involved? The waiting period for divorces without minor children is one month less than for those with minor children.

Procedure of Uncontested Divorce in Mississippi

• Both partners must agree to divorce.
• Both partners must reach an agreement regarding all issues and this must be specified in Property Settlement Agreement.
• Both partners must fulfill the residency requirements of the state, which is as follows. One or both divorcing partners must be a bona fide resident of the state for minimum 6 months before the beginning of the divorce action.
• The Chancery court of the county wherein any of the divorcing partners reside is selected as the venue to file the complaint for divorce.
• After the complaint for divorce is on file for minimum 60 days, then, the Chancellor can present the issue to the court.
• When the Chancellor concludes that the contents of the Property Settlement Agreement are sufficient and adequate, then this Agreement can be included in the judgment.
• Sometimes it is observed that the divorcing partners cannot form sufficient and adequate contents in the Property Settlement Agreement. In such a scenario, they have the option of agreeing to divorce on "irreconcilable differences" grounds and allowing the court to settle those issues where they cannot reach a consensus.

Contents of Bill of Complaint of Divorce

In this state, the Bill of Complaint of Divorce of uncontested divorce with minor children has the following information.

• Name of county where the Bill is filed.
• Docket Number.
• Name of Complainant and Defendant.
• Address of Complainant and Defendant.
• Duration for which the Complainant and Defendant are residents of Mississippi.
• The name of the state, county, city of marriage of the complainant and defendant and the date of this marriage.
• Name and Date of Birth of children, if any.
• Grounds for No-fault.
• Whether or not a Marital Settlement Agreement has been reached by the Complainant and Defendant?
• Any other declarations.

The Verification part comprises of the following information.

• Name of Petitioner.
• Signature of Petitioner and date on which signature is done.
• Address of Petitioner.
• Signature of Notary and the date on which the verification was done.

The Affidavit of Consent consists of the following data.

• Name of county.
• Docket Number.
• Name of Complainant and Defendant.
• Date when the Bill of Complaint was filed.
• Signature of Defendant and the date when the signature was made.
• Address of Defendant.
• Signature of Notary and date when the Defendant subscribed and sworn before the notary.

Divorce Papers