Mississippi Joint Complaint for Divorce
Description
How to fill out Mississippi Joint Complaint For Divorce?
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FAQ
When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.
State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear.
A Mississippi Divorce Can Take a Few Months to Several Years Even uncontested divorces based on irreconcilable differences take at least 60 days.
If your spouse won't engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won't participate.Once you get a lawyer onboard, you are going to have to file for divorce and have your husband served with divorce papers.
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).
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.
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.
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.
An contested divorce is where the spouses cannot agree and must go through the entire divorce process to get a judge to make the final decision.You spouse can either agree to the terms of the divorce proposed by your divorce lawyer, or the case will go all the way to trial for a judge to make the final decision.
