Who gets the house in a divorce in MS?
Mississippi is the only state that awards property to the person whose name is on the title. If only one person’s name is on the title to a car or the house, it goes to that person. However, the court does have the flexibility to divide assets fairly and equitably.
How is property divided in a divorce in MS?
Thus, when it comes to property division, Mississippi is not a “community-property” state whereby all of the divorcing spouses’ assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce. Instead, Mississippi is what is called an “equitable distribution” state.
What is a property separation agreement?
A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
Can I file my own divorce papers in Mississippi?
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 only get an uncontested divorce if you agree on all issues in your divorce, including: Child support, custody, and visitation.
Can a husband kick a wife out of the house in Mississippi?
No. Mississippi does not formally recognize legal separations. This means you can separate from your spouse informally, but a court won’t issue a legal separation order. Mississippi law offers couples an alternative to legal separations—maintenance orders.
What is considered marital property in Mississippi?
Mississippi courts presume that all property a couple accumulates during marriage is marital property. Property one spouse brings into the marriage or acquires by gift or inheritance is that spouse’s separate property, provided the claiming spouse can demonstrate ownership with financial records or other documents.
How much does a divorce cost in Mississippi?
Court costs will vary, depending on the county in which you file your divorce complaint. The cost of filing the forms for divorce is around $52.
What should I ask for in a divorce settlement agreement?
5 Things To Make Sure Are Included In Your Divorce Settlement
- A detailed parenting-time schedule—including holidays!
- Specifics about support.
- Life insurance.
- Retirement accounts and how they will be divided.
- A plan for the sale of the house.
How much does an uncontested divorce cost in Mississippi?
Divorce & Separation
| Item | Fee |
|---|---|
| Uncontested (Joint) | $148.00 |
| Uncontested Divorce Master’s Fee (Separate Check) | $20.00 |
| Contested | $158.00 |
| Separate Maintenance | $158.00 |
Can you file for divorce online in Mississippi?
The first form to complete when filing for divorce is the “Complaint for Divorce.” The spouse filing for divorce is referred to as the “plaintiff,” and the other spouse is the “defendant.” Mississippi courts do not publish divorce forms online, but your local court clerk may have divorce forms specific for your county.
What is a divorce decree in Mississippi?
A divorce decree is known as a Final Judgment of Divorce in Mississippi. It officially terminates a marriage and spells out the detailed rights and responsibilities of each party. Issues including a division of assets, alimony, child support, and visitation and all other issues that will frame the divorce are legally decided.
Can I get a free online divorce in Mississippi?
These free online divorce papers are for a do-it-yourself divorce in Mississippi. You and your spouse must be in agreement on all of the terms of your divorce prior to using these online divorce papers.
What is legal separation in Mississippi?
Legal separation requires a court action to put specific provisions in place, even though a couple will remain married. However, legal separation is not recognized in Mississippi, so spouses must either file for divorce or separate maintenance.
What are the residency requirements for a divorce in Mississippi?
You must also meet Mississippi residency requirements for divorce. Divorce in Mississippi: At least one spouse must have resided in the State of Mississippi for at least six (6) months prior to the filing for divorce.