Mississippi Joint Complaint for Divorce - No Children
About this form
The Joint Complaint for Divorce - No Children is a legal document that both spouses use to request the dissolution of their marriage. This form is specifically designed for couples who do not have any children from the marriage, making it distinct from other divorce forms that involve child custody or support issues. It allows both parties to jointly petition the court for a divorce based on irreconcilable differences.
What’s included in this form
- Introduction identifying the parties involved in the divorce.
- Jurisdiction statement establishing the court's authority over the case.
- Details about the marriage date, separation date, and confirmation of no children.
- Agreement on property and debt resolution, linked to the Separation and Property Settlement Agreement.
- Request restoration of the wife's former name, if applicable.
- Statement concerning related cases, if any exist.
- Prayer for relief, requesting the court to grant the divorce and incorporate the settlement agreement.
Situations where this form applies
This form is ideal for couples who have mutually decided to end their marriage without any children involved. It is most suited for situations where both parties have reached an agreement on the distribution of property and debts, making the process smoother and less contentious. Use this form if you want a straightforward approach to filing for divorce in Mississippi.
Intended users of this form
- Married couples in Mississippi seeking a divorce without children.
- Couples who have agreed upon the division of assets and debts.
- Individuals looking to restore a former name as part of the divorce proceedings.
Instructions for completing this form
- Identify the names of both parties in the designated fields.
- Fill in the date of marriage and separation accurately.
- Confirm that no children have been born or adopted during the marriage.
- Attach the Separation and Property Settlement Agreement as Exhibit A.
- Sign the form in front of a notary public, ensuring all fields are completed.
Does this form need to be notarized?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to provide accurate dates of marriage and separation.
- Not attaching the required Separation and Property Settlement Agreement.
- Leaving out signatures or failing to notarize the document.
- Not reviewing the form for completeness before submission.
Why complete this form online
- Accessibility: Download and fill the form at your convenience.
- Editability: Make necessary changes easily without the need for professional assistance.
- Reliability: Forms are prepared by licensed attorneys to ensure compliance with state laws.
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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.
