Mississippi Joint Complaint for Divorce - No Children
About this form
A Joint Complaint for Divorce is a legal document filed jointly by both spouses to request the dissolution of their marriage. This specific form is intended for couples who do not have children together and have already settled their property and debts. The Joint Complaint outlines the agreement on these matters and can facilitate an uncontested divorce process in courts, specifically tailored for parties looking for a straightforward means to terminate their marriage amicably.
Key components of this form
- Names and signatures of both spouses, including printed names.
- Details of the marriage, including the date and place of marriage.
- Confirmation that no children were born or adopted during the marriage.
- Statement of venue, ensuring that the court has jurisdiction based on residency.
- Agreement regarding the division of property and debts, referenced in a Separation and Property Settlement Agreement.
- Request for restoration of a former name by one spouse, if applicable.
Common use cases
This form is used when both spouses agree to divorce and there are no children involved. It is appropriate in circumstances where the couple has amicably settled issues regarding property and debts. Ideal situations for this form include instances where both parties want a quick resolution without needing to go through a contested court proceeding. It is particularly relevant for couples who have been separated and have worked together on the terms of their divorce.
Who can use this document
- Couples seeking a divorce without any minor children.
- Married couples who have reached an agreement on property and debt division.
- Spouses looking for a simplified and peaceable resolution to their divorce.
- Individuals wanting to restore their maiden name as part of the divorce process, if applicable.
Steps to complete this form
- Identify and enter the full names of both spouses in the designated fields.
- Provide the marriage date and the date of separation.
- Confirm that there are no children from the marriage and any relevant information about pregnancy.
- Ensure that all property and debt matters are resolved in the attached Separation and Property Settlement Agreement.
- Both parties must sign the form in the presence of a notary public.
Notarization requirements for this form
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
Mistakes to watch out for
- Failing to ensure both spouses sign the form before submission.
- Omitting necessary details about the marriage or the Separation and Property Settlement Agreement.
- Not verifying residency requirements for jurisdiction in Mississippi.
Advantages of online completion
- Convenience of downloading and filling out the form at your own pace.
- Access to professionally drafted legal templates that meet state requirements.
- Ability to make edits quickly without the need for attorney appointments.
Form popularity
FAQ
The Summons and Complaint gives your spouse notice of the action and allows them an opportunity to be heard if they desire. Even if your spouse does not respond or even show up in court, you can still obtain a divorce as long as you go to court and bring a witness who will corroborate what you have to say.
A Mississippi Divorce Can Take a Few Months to Several Years Even uncontested divorces based on irreconcilable differences take at least 60 days.
The most simple procedure is an uncontested divorce using the no-fault grounds. You and your spouse will either need to have a written agreement on property division, alimony, and child custody and support (if applicable); or sign a consent to allow the court to decide these matters.
The cost of filing the forms for divorce is around $52. There may be additional costs for serving (delivering) copies of the divorce complaint to your spouse ($25 usually covers the formal delivery of divorce papers).
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.
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.
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.
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.
The most simple procedure is an uncontested divorce using the no-fault grounds. You and your spouse will either need to have a written agreement on property division, alimony, and child custody and support (if applicable); or sign a consent to allow the court to decide these matters.