Mississippi Joint Divorce - Uncontested - Irreconcilable Differences - No Children
What is this form?
The Joint Divorce - Uncontested - Irreconcilable Differences - No Children form is designed for couples in Mississippi who wish to amicably dissolve their marriage. This form package is specifically tailored for situations where both parties agree on all terms of the divorce and where no minor children are involved. It differs from contested divorce forms, which are used when spouses cannot agree on key issues like child custody or property division.
What’s included in this form
- Joint Complaint for Divorce: This initiates the legal process and states the grounds for divorce.
- Separation and Property Settlement Agreement: Outlines how the couple has agreed to handle any jointly owned property and debts.
- Judgment of Divorce: The formal document issued by the court finalizing the divorce.
- Financial Statement: A detailed account of individual finances for each party involved.
When to use this form
This form should be used when both spouses have mutually agreed to divorce based on irreconcilable differences and there are no children under the age of 21 involved in the marriage. It is appropriate for couples who have also decided on how to divide their property and have lived separately for a significant time without cohabitation.
Who this form is for
- Couples who have been married in Mississippi and wish to file for an uncontested divorce.
- Spouses who do not have any children under 21 or any pending child support obligations.
- Individuals who do not require legal representation and understand the agreement terms.
Instructions for completing this form
- Complete the Joint Complaint for Divorce form with accurate personal information and grounds for divorce.
- Fill out the Separation and Property Settlement Agreement to record the terms you've both agreed upon regarding property and debts.
- Each spouse should complete a Financial Statement with details of their income, expenses, and assets.
- File the completed forms with the Chancery Court in your county along with the required filing fees.
- After waiting the required period, attend the court hearing to finalize the divorce judgment.
Notarization guidance
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Common mistakes to avoid
- Failing to complete all required documents, which may lead to delays.
- Not providing accurate or up-to-date financial information in the Financial Statement.
- Neglecting to discuss and agree on all property and debt issues before filing.
Quick recap
- The form is intended for a mutually agreed, uncontested divorce in Mississippi without children.
- All parties must agree on the terms before filing.
- The process involves several steps, including notarization and court filing.
Form popularity
FAQ
Once the papers have been filed with the court, the question, "How long does an uncontested divorce take?" is completely out of the parties' hands. The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months.
Disagreements on finances and debt problems. Loss of trust in the relationship. Work that causes protracted long-distance separation. Lack of sexual intimacy. Personality conflicts. Communication difficulties. Failure to help in the household. Differing political opinions.
In California, a dissolution of marriage can be granted if the court finds that "irreconcilable differences" have caused an irrevocable breakdown of the marriage. In effect, this simply means that a married person who wants to end the marriage can do so, even if the other spouse wants to stay together.
A Mississippi Divorce Can Take a Few Months to Several Years Even uncontested divorces based on irreconcilable differences take at least 60 days.
To file for divorce in Mississippi, you must be a resident of the state for at least six months. An irreconcilable differences divorce requires a 60-day waiting period, assuming the spouses resolve all issues within that time and the court has approved the property settlement agreement.
Proving Irreconcilable Differences Additionally, the couple must prove that their marriage is unable to be reconciled now, or at any point in the future. Lastly, the couple must show that the irreconcilable differences have lasted for at least six months.
A mandatory 60-day waiting period follows any suit for an uncontested divorce. After this period is over, the couple is allowed to enter proceedings to finalize the divorce. During the 60 days, either party may contest the divorce, necessitating that the couple follows the procedure for a contested divorce.
The Matrimonial Causes Act 1959 provided 14 grounds for the grant of a decree of dissolution of marriage ('divorce'), including adultery, desertion, cruelty, habitual drunkenness, imprisonment and insanity. To succeed on one of these grounds, a spouse had to prove marital fault.