Mississippi Complaint for Divorce

State:
Mississippi
Control #:
MS-61809
Format:
Word; 
Rich Text
Instant download

About this form

The Complaint for Divorce is a legal document that initiates a divorce proceeding in court. It serves as the first pleading filed in a divorce case, outlining the grounds for divorce and the relief sought by the complaining party. This form is essential for individuals seeking to dissolve their marriage legally and can be adapted to fit specific circumstances. Unlike other forms, it details not only the grounds for divorce but also requests for custody, support, and division of assets.

Main sections of this form

  • Identification of the plaintiff and defendant, including their residency details.
  • Grounds for divorce, including irreconcilable differences and adultery.
  • Information on minor children and custody arrangements.
  • Requests for alimony and child support details.
  • Division of marital property, including assets and debts.
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Situations where this form applies

This form should be used when one spouse decides to file for divorce from the other. It is particularly relevant in situations where there are underlying issues such as infidelity, disagreements on child custody, or disputes regarding marital property division. Anyone looking to legally terminate their marriage in Mississippi or needing a structured approach to outlining their claims and requests in a divorce case should utilize this form.

Who this form is for

  • Individuals filing for divorce in Mississippi who meet state residency requirements.
  • Spouses seeking a formal legal process to address issues such as child custody and property division.
  • People who require a legal foundation for their claims regarding support and alimony during divorce proceedings.

Steps to complete this form

  • Enter the names and addresses of both the plaintiff and defendant.
  • State the grounds for divorce clearly, citing any applicable legal references.
  • Specify the custody arrangements for any minor children involved.
  • Detail any requests for financial support, including alimony and child support.
  • List the marital assets and debts that need to be addressed in the divorce.

Notarization requirements for this form

This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.

Common mistakes to avoid

  • Failing to provide complete and accurate information about the parties involved.
  • Not clearly stating the grounds for divorce, which can lead to delays.
  • Neglecting to include all minor children in custody discussions.
  • Overlooking the need to specify requests for financial support.

Why complete this form online

  • Immediate access to a legally vetted template created by licensed attorneys.
  • Convenient download options available in standard formats.
  • Editable fields allowing you to tailor the document to your unique situation.
  • Elimination of potential errors that can arise from using outdated or incorrect forms.

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FAQ

Mississippi doesn't have a form for do-it-yourself (DIY) divorce papers, but the court clerk's office in your county may have a form or information about what to include. You can also prepare DIY divorce papers online.

In Mississippi, if your spouse lives in the state, you have to file the complaint in either your spouse's county, or the county where you lived when you and your spouse separated. If your spouse lives out of state, you must file in the county where you currently live.

You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse's signature. After filing, the paperwork will be served to your spouse by a process server. Your spouse will then have 20 days to file a response with the court.

Spouses trying to get a divorce on no-fault grounds need to agree to divorce on the basis of irreconcilable differences. In Mississippi, if one of the spouses refuses to divorce on that basis, the spouse seeking a divorce must prove one of the fault grounds.

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.

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Mississippi Complaint for Divorce