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Mississippi is the only state that awards property to the person whose name is on the title. If only one person's name is on the title to a car or the house, it goes to that person. However, the court does have the flexibility to divide assets fairly and equitably.
Each parent can receive joint legal and physical custody. Both parents might receive joint legal custody, but one parent will have physical custody. Both parents might receive joint physical custody, but one parent will have legal custody. One parent could be given both legal and physical custody.
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.
If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly
Adultery and other forms of spousal misconduct can affect alimony decisions in Mississippi divorce cases. Alimony is intended to protect either spouse from impoverishment after divorce; it is not meant to be a punishment for bad behavior.Adultery is also a factor in child custody cases.
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.
In a purely no-fault divorce state, like California, the court will not consider evidence of adultery, or any other kind of fault, when deciding whether to grant a divorce.However, if your spouse was unfaithful in your marriage, the court may consider the misconduct in other aspects of the divorce.
It is commonly asked by clients, Can I date others? The short answer is NO. In Mississippi divorce there is no such thing as legal separation. You are married until you are divorced. That means either party could get fault grounds against the other at any time prior to the divorce being granted.
Impact on Your Divorce While some spouses may get some personal satisfaction out of filing a divorce decree stating their spouse has had an affair, it generally does not influence factors like alimony, division of property, or child custody issues.