Mississippi Divorce Questionnaire

State:
Multi-State
Control #:
US-Q1011
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a divorce matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

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.

In order to file a divorce for irreconcilable differences in Mississippi, both parties must explicitly agree that a divorce is desired. A no-fault divorce is something for which the spouses must qualify, not something they are readily granted - especially in Mississippi.

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.

So long as both parties agree, they can file. Alternatively, a spouse may file a fault-based divorce, citing a specific reason they seek to terminate the marriage (i.e. adultery, abuse). Spouses do not need to be legally separated for any duration of time in order to file for divorce.

In short, if one person wants out of a marriage, he is legally able to do so, whether the other person agrees or not. This is a freedom that hasn't always been the case?prior to 1970, no-fault divorce laws didn't exist in the United States.

If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out. Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.

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Mississippi Divorce Questionnaire