File for Divorce in Jackson, MS
Understanding Divorce Law in Mississippi
In Mississippi, you have two main divorce options: with grounds or on the basis of irreconcilable differences.
With the first approach, sometimes referred to as a “fault” divorce, you must have grounds to file for divorce against your spouse. Adultery, abandonment, and drunkenness are examples of valid grounds for divorce in Mississippi. One can only force the other party to divorce with proof of fault grounds.
With the second approach, you and your spouse can agree to divorce without the necessity of alleging fault or providing grounds for the divorce. With an irreconcilable differences, or “no-fault” divorce, you and your spouse must be in agreement that you want to divorce.
No matter the approach you take in your divorce, Jackson divorce attorney, Mark Chinn is here for you. He has 40 years of legal experience and is committed to using his talent and experience empower his clients to lead the lives they want to live. At Chinn & Associates, we believe that divorce may end a marriage, but it doesn’t have to end a family or ruin your future. We are here to protect your interests.
Call our offices at (601) 202-5594 or contact us online to discuss your divorce.
Grounds vs. Irreconcilable Differences in a Jackson, MS Divorce
There are advantages and disadvantages to either type of divorce. The approach you take should depend on your unique situation, and our divorce lawyer in Jackson, MS can advise you of the potential impact that divorce with grounds or irreconcilable differences may have on you and your family.
To file an irreconcilable differences divorce, both spouses must not only agree to divorce in the first place but also must agree upon all of the issues to be resolved:
- Child custody and support
- Payment of debt
- Settlement of property rights
- Distribution of personal possessions
- Alimony
To file a fault-based divorce, one spouse must be able to prove that the other spouse committed one of the following grounds:
- Adultery
- Habitual cruel and inhuman treatment
- Drunkenness
- Desertions
- Other grounds, such as drug use
Does It Matter Who Files for Divorce First?
Many clients come to us with a great deal of worry, saying it is imperative that they “file first.” As a rule, this is a misplaced worry, but there are things to consider and talk about. There are reasons when one should truly, “file first.”
- Asset protection: If a spouse has a concern that the other spouse is about to sell or waste assets, immediate action in court may be necessary. Careful examination of the assets of the marriage is essential in the initial interview to determine what action should be taken and whether court action is necessary.
- Personal Protection: Sometimes there is domestic abuse which requires emergency protection from the courts.
- Jurisdictional fights: When two or more states might have jurisdiction over a case, the person who files first may have obtained a very important advantage.
- Order of proof: Whoever files first gets to go first and last in the proof part of a trial.
- Emotional considerations: Sometimes a person just has to strike back at the other party.
Don’t panic about the issue of filing first, but do consult with a lawyer about it.
To learn more about your rights and options in your divorce, contact a Jackson, MS divorce lawyer at Chinn & Associates now. We are happy to answer your questions.
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