Mississippi Joint Complaint for Divorce
What is this form?
A Joint Complaint for Divorce is a legal document filed by both spouses together as co-plaintiffs to initiate the divorce process. This form is appropriate when both parties have reached a complete agreement on all aspects of their divorce, including property distribution and child custody arrangements. Unlike a standard divorce complaint, which may involve disagreements, this form enables both spouses to collaboratively present their case to the court.
What’s included in this form
- Identification of co-plaintiffs: The form clearly states that both spouses are filing together.
- Address notification clause: This section requires both parties to inform each other and the court of any address changes if minor children are involved.
- Relief requested: Co-plaintiffs specify that they seek an absolute divorce and reference additional agreements related to separation and custody.
- Signature requirement: Both parties must sign the document in front of a Notary Public.
Situations where this form applies
This form should be used when both spouses agree on the terms of their divorce. It is ideal for situations where the couple has jointly decided to end their marriage amicably and has reached consensus on key issues such as asset division and child custody. In cases where disagreements exist, a different form may be required.
Intended users of this form
This form is intended for:
- Married couples who are in a mutual agreement regarding the terms of their divorce.
- Couples who wish to expedite the divorce process without conflict.
How to complete this form
- Identify the parties involved: Begin by clearly stating the names of both co-plaintiffs.
- Provide accurate addresses: Include the current address for each party, noting that updates must be communicated to the court.
- Detail the relief sought: Specify the exact relief you are requesting from the court regarding divorce and any agreements made.
- Sign in front of a Notary Public: Both parties must sign the document to validate it legally.
- Submit the completed form: File the Joint Complaint for Divorce with the appropriate court, including any required fees or additional documents.
Does this form need to be notarized?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Typical mistakes to avoid
- Failing to include both parties' signatures in the presence of a Notary Public.
- Not notifying the court of address changes as required.
- Leaving out specific details concerning property distribution or child custody arrangements.
- Using the form without ensuring that both parties fully agree on all divorce terms.
Benefits of using this form online
- Convenience: Easily download and complete the form from your home.
- Editability: Customize the form to suit your specific agreement before printing.
- Reliability: Utilize templates drafted by licensed attorneys, ensuring legal compliance.
Form popularity
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.
