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.
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.
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.
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.