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Being 'married but separated' means that a couple remains legally married while living apart. In Mississippi, legal separation allows spouses to live independently without filing for divorce. This arrangement enables you to address issues like property division and child custody while still being married. Legal separation in Mississippi without divorce can provide a clear framework during this transitional phase.
Divorce & Separation ItemFeeUncontested (Joint)$148.00Uncontested Divorce Master's Fee (Separate Check)$20.00Contested$158.00Separate Maintenance$158.00
Mississippi Divorce Laws: The Basics Like many states, Mississippi has a residency requirement to file for divorce; in this state it's six months, but there's no waiting period before a divorce can be declared final.
Unlawful Cohabitation in Mississippi This practice is illegal while spouses are legally married, even if they have separated. If one spouse files for divorce and the other spouse decides to move in with a new romantic partner before the divorce is finalized, they can face criminal charges for unlawful cohabitation.
Mutual Spousal Consent So long as both parties agree, they can file. Alternatively, a spouse may file a fault-based divorce, citing a specific reason they seek to terminate the marriage (i.e. adultery, abuse). Spouses do not need to be legally separated for any duration of time in order to file for divorce.
So long as both parties agree, they can file. Alternatively, a spouse may file a fault-based divorce, citing a specific reason they seek to terminate the marriage (i.e. adultery, abuse). Spouses do not need to be legally separated for any duration of time in order to file for divorce.