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Cohabitation
Does living separately under one roof affect divorce in Mississippi?

Does living separately under one roof affect divorce in Mississippi?

Full question:

We are preparing to file for an uncontested divorce based on irreconcilable differences in our home state of Mississippi. Our question is in reference to Mississippi legal requirements regarding separation prior to obtaining the divorce. We have lived separately in the same house we own, occupying separate bed rooms and NOT cohabiting sexually for years. Q. Would both of us living separately under the same roof prevent the divorce from being granted?

Category: Cohabitation
Date: 04/07/2025
State: Mississippi

Answer:

In Mississippi, separation usually means living apart in different residences. Most courts do not consider a couple to be separated if they are living under the same roof, even if they occupy separate bedrooms and do not engage in sexual relations. Cohabitation is generally understood as living together in a manner consistent with a marital relationship, which includes more than just sexual interactions. Simply sharing expenses and living in separate rooms does not satisfy the requirement for separation. Therefore, living in the same house would likely prevent the court from granting a divorce based on irreconcilable differences.

Refer to Mississippi statute SEC. 93-5-2 for more details on divorce grounds and requirements.

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.

FAQs

How do you get an irreconcilable differences divorce in Mississippi?

To obtain an irreconcilable differences divorce in Mississippi, both spouses must agree to the divorce and file a joint complaint. You will need to state that the marriage is irretrievably broken. Additionally, you must meet the residency requirement, which means at least one spouse must have lived in Mississippi for six months prior to filing. After filing, there may be a waiting period before the court finalizes the divorce. It's advisable to consult with an attorney to ensure all legal requirements are met.

How much does a contested divorce cost in Mississippi?

The cost of a contested divorce in Mississippi can vary widely depending on several factors, including attorney fees, court costs, and the complexity of the case. Generally, attorney fees can range from $200 to $400 per hour, and total costs can easily reach several thousand dollars. Additionally, if the case goes to trial, costs can increase significantly. It's best to discuss fees with your attorney upfront to understand the potential expenses involved.

Can you get a divorce without the other person signing the papers in Mississippi?

In Mississippi, you can file for divorce without the other spouse's signature, but it typically requires a contested divorce process. If the other spouse does not agree to the divorce, you may need to prove grounds for divorce in court. This can complicate the process and may result in additional legal fees and time. It's advisable to seek legal counsel to navigate this situation effectively.

How long does an uncontested divorce take in Mississippi?

An uncontested divorce in Mississippi can take as little as 30 days from the time of filing, provided all paperwork is completed correctly and both parties agree on the terms. However, the actual timeline may vary based on the court's schedule and any potential delays. It's important to ensure that all legal requirements are met to expedite the process.

What qualifies as irreconcilable differences?

Irreconcilable differences refer to a situation where spouses cannot resolve their conflicts or disagreements, leading to the breakdown of the marriage. This can include issues such as lack of communication, financial disputes, or differing life goals. In Mississippi, these differences must be significant enough to make it impossible for the couple to continue living together as a married couple. It's a no-fault ground for divorce, meaning no one is blamed for the dissolution.

What is an irreconcilable differences divorce in Mississippi?

An irreconcilable differences divorce in Mississippi is a type of no-fault divorce where both spouses agree that their marriage cannot be saved due to ongoing conflicts. This process allows couples to divorce without proving wrongdoing by either party. It requires both spouses to file a joint petition and agree on the terms of the divorce, making it typically quicker and less contentious than a contested divorce.