Mississippi Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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Multi-State
Control #:
US-02179BG
Format:
Word; 
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Description

In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.


This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce
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FAQ

In his/her response, the other party may express his/her opinion challenging the divorce, asking that it be granted under different grounds or letting the judge know that s/he agrees to the divorce. If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out.

Mutual Spousal Consent In order to file an irreconcilable differences divorce, it is mandatory that both spouses mutually consent. If only one spouse believes the marriage is irretrievably broken, they will not be able to move forward with a divorce until their spouse gives consent to divorce them.

There are two types of divorce in Mississippi: Irreconcilable Differences divorce (sometimes called ?ID divorce?) and Contested or Fault-Based divorce. The type of divorce you choose depends on whether or not you and your spouse can agree to a divorce.

The Final Judgment of Divorce, which is the only document that the judge will sign. This is the document that transforms your Divorce Agreement from a mere contract into an enforceable judgment of the court. You are not divorced until the judge signs the Final Judgment.

A married couple's shared assets must be divided ?equitably? in a Mississippi divorce. However, the assets are not usually divided in a 50/50 split. Instead, the courts will fairly divide the assets while accounting for each spouse's needs, their standard of living before the divorce, and other factors.

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.

The court will issue a judgment of dissolution of marriage outlining the terms of your divorce. The marital settlement agreement attached to the judgment will detail all the terms of the divorce including the division of assets and debts, child support, child custody, visitation, and spousal support.

Your divorce must be on file for 60 days under the ground of irreconcilable differences. If you do not file on irreconcilable differences, then there is no waiting requirement, but your spouse has 30 days to respond to your complaint for divorce.

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Mississippi Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce