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Mississippi Divorce Law

Divorce Laws in Mississippi

According to Mississippi divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of irreconcilable differences. Fault grounds can include, but is not limited to, adultery, willful desertion and cruel and inhumane treatment. Additionally, one of the spouses must have been a resident in the state of Mississippi for six months prior to filing for divorce in MS.

Alimony & Equitable Distribution in Mississippi

Mississippi is known as an equitable distribution state. According to the divorce laws in Mississippi this means that the marital property must be divided fairly or equitably. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the partiesí prior living standard, etc. are considered in determining the amount and duration that should be paid. Maintenance shall be awarded if it is found to be equitable and just between the spouses.

Mississippi Child Support, Child Visitation and Child Custody

The main focus in determining child custody, according to Mississippi divorce law, is the best interest of the children. Additionally, under MS divorce laws, joint custody will typically be awarded if it is requested by the parents and is believed to be in the best interest of the children. Visitation rights within reason are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Flat Percentage of Income model, based on net income as set forth by divorce law in Mississippi.

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