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Condition for Residency
At least one of the petitioners for divorce must have been a resident of Missouri for three months. Divorce should be filed in the county where the person lives who is filing the case.
Reasons for the Divorces
Two main reasons for divorce in Mississippi are no-fault and fault based. Mostly, the reasons included under these two heads include:
Irreconcilable differences between spouses.
Alcoholism or drug abuse.
Adultery, including if it leads to pregnancy.
Incurable insanity and confinement for a period of three years or more.
Cruelty and inhuman treatment.
Knowledgeable desertion for one year or more.
Principle of the Child Custody
Joint or single custody will be awarded on the basis of the following factors:
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Joint custody can be awarded to both parents if they apply for it. Otherwise sole custody may be awarded to any parent, depending on the best interests of the child. However, if there is a history of domestic violence, that parent will not be awarded custody. In some cases, physical custody can be awarded to both parents, while legal custody remains with only one, or vice versa. If the child is of age 12 or older, then preference of the child will be considered first and foremost.
Rules for Property Distribution
Mississippi is a state that holds "titles" at utmost importance. In this scenario, anyone who holds title of the property will be the owner of that property. Though there are no particular legal provisions towards property division, Mississippi adopts an "equitable distribution" clause to handle assets with joint titles. Factors that are taken under consideration include each spouse's contribution towards purchase of property, emotional and market value of the property, values of separate properties, needs of each party, including their liabilities and tax consequences.
Rules for the Spousal Support
If it is just and equitable, either partner may be ordered to pay alimony to the other. Factors that may be taken under consideration when deciding are as under:
Income and assets of each spouse.
Property owned and property value of each spouse.
Spouse's age and health.
Presence of children.
Standard of living the couple is used to.
Liabilities and needs of each spouse.
Duration of the marriage and any marital faults.
Any other factors deemed necessary.
Child Support Guidelines
The child support may be ordered to both parents if both have sustainable incomes and properties. Otherwise the child support may be ordered to any one parent as the court sees fit. Health insurance of the child may be covered in the child support and the courts may require that the parent who is paying child support also put up guarantees or bonds to ensure regular payment.
Mediation in Case of Divorce
Meditation has no legal provision in the state of Mississippi, it is possible purely voluntarily.
Filing Pro Se Divorce
There is no need of a lawyer when applying for divorce in the state of Florida. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Florida, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.