Full question:
What is required for a no-fault divorce on the grounds of desertion by the wife, no property to be divided, no children, with the spouse living in another state? She wants to revert to her maiden name.
- Category: Divorce
- Date:
- State: Mississippi
Answer:
In Mississippi, a no-fault divorce can be granted based on irreconcilable differences, but both parties must agree to the divorce. If only one spouse wants the divorce, they must file on specific grounds, such as desertion for one year. To file for divorce, at least one spouse must be a resident of Mississippi for at least six months before filing.
If the spouse living in another state does not agree to the divorce, the plaintiff must file the complaint in the chancery court of the county where they reside. If both parties agree to the divorce but cannot resolve issues like custody or property division, the court can decide those matters.
For a no-fault divorce based on irreconcilable differences, the complaint must be on file for sixty days before a hearing can occur. Additionally, a spouse can request to restore their maiden name upon divorce.
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.