Full question:
This question pertains to a divorce in MS. Please answer as it pertains to Mississippi laws of divorce. I want to get a divorce. My wife lives in Virginia. We have a 13 year old son. We have not lived together for 12+ years. She lives in Virginia. Custody of my son will remain with her. I make $25,000 a year, I have 2 other child support orders (arrears) for adult children. What forms do I need to file for divorce and is this considered an uncontested divorce? I don't think she will contest but if she does, how can I file and how long do I have to give her to respond. Is there a waiting period after the divorce is finalized to remarry?
- Category: Divorce
- Date:
- State: Alabama
Answer:
Whether or not a divorce is contested depends on whether the parties are in agreement on all matters. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etc. Both parties may desire a divorce, but cannot agree on important issues like, but not limited to, property distribution, debt allocation, child support, custody, and alimony. In a contested divorce, the couple seeks to let the court system decide the matters related to the divorce.
There is no period following the entry of a divorce decree during which both parties are prohibited from remarrying, although the decree may provide in the discretion of the court whether or when a party guilty of adultery shall marry again. Forward to the PC for possible submittal to the chief counsel any case in which there is a question as to the validity of a remarriage entered into in Mississippi in violation of such a prohibition.
A marriage entered into outside of Mississippi, by a person prohibited from marrying by a Mississippi divorce decree, would be held to be valid by the courts of another State and also by the courts of Mississippi, unless action had already been taken in Mississippi to declare such remarriage void. If you file for divorce, your spouse has 30 days to answer the complaint. If she fails to answer, you may automatically get a default judgment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
