What is the difference between contested and uncontested divorce?
If a couple is able to come to an agreement about all the major issues before trial, that is called an uncontested divorce. Conversely, if there are one or more significant matters that the couple cannot agree on themselves, it is a contested divorce.
How much does a contested divorce cost in Mississippi?
Divorce Filing Fees and Typical Attorney Fees by State
| State | Average Filing Fees |
|---|---|
| Mississippi | $400 |
| Missouri | $133.50 (without minor children), $233.50 (with minor children) (District specific fees. This example is from Jefferson County Circuit.) |
| Montana | $170 |
| Nebraska | $158 |
What are the grounds for a contested divorce?
GENERAL GROUNDS FOR CONTESTED DIVORCE Divorce on the ground of cruelty. Divorce on the ground of adultery.
When can you file a contested divorce?
STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.
Can I contest unreasonable Behaviour in divorce?
If your spouse has cited your unreasonable behaviour as the reason for the breakdown of your marriage, and you don’t agree to this then you are legally entitled to defend the allegations. It may be that you are in agreement to getting a divorce, but you disagree with the allegations of unreasonable behaviour.
How do I get a divorce if my husband refuses in Mississippi?
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.
Can a judge deny a divorce in Mississippi?
A judge will wait 60 days after you file your divorce complaint before hearing your case. If your spouse has contested the divorce or denied that there are irreconcilable differences, the judge can still grant the divorce if your spouse withdraws (takes back) or cancels the denial/contest.
What happens if a divorce petition is contested?
A contested divorce is a more complicated procedure and will involve the divorcing couple having to attend court hearings (usually two). Ultimately a Judge will decide whether the person who started the divorce (the petitioner) is entitled to the divorce, based on the evidence given.
How do I fight a contested divorce?
Different stages of a contested divorce
- Meeting With an Attorney. This is an important part as it decides the course of action in your case.
- Either spouse File a petition for divorce.
- Appearance and Reconciliation.
- Reply/counter reply from the respondent spouse.
- Discovery.
- Settlement.
- Trial.
- Orders/Decree.
Is it better to be the plaintiff or defendant in a divorce?
There is one advantage to being the one to file the divorce. The person who files the divorce, under the code of civil procedure, is called the plaintiff and the other party is called the defendant. Another advantage to being a plaintiff is the way a non-suit is handled under the code of civil procedure.
Does it matter who initiates divorce?
By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first. In deciding when to file you don’t need to worry about a reason. This means the reason for the divorce doesn’t matter.
What are the grounds for divorce in Mississippi?
Bigamy and incest are two other grounds for divorce in Mississippi. Only the innocent spouse, not the one married to more than one person, may use bigamy as grounds. Mississippi law defines the types of relationships considered incestuous and, therefore, restricted from marriage.
How do you file for a divorce in Mississippi?
How to File for Divorce in Mississippi. Step 1 – Download divorce papers for Mississippi using one of the buttons above. Step 2 – The spouse who decides to file for divorce must complete the forms and then file them with the Circuit Court Clerk’s Office in the county where he or she resides, in addition to paying the proper filing fee.
What are the divorce laws in Mississippi?
Mississippi law provides several legal methods for a couple to divorce. A no-fault divorce occurs when a couple agrees to divorce and to the settlement of such issues as child custody and support, alimony, and property division.
What is the process of divorce in Mississippi?
Mississippi Divorce Process. The spouse filing for divorce is the plaintiff, and the other spouse is the defendant. The first form the plaintiff completes when filing for divorce is the Complaint for Divorce, which states that at least one spouse has been a resident of the state for six months and gives a legal ground for divorce.