In an uncontested divorce, both spouses agree to be divorced, how to separate property, and, if there are children, how to manage the child(ren).
When you and your spouse are in agreement on all of these concerns, you can be granted a divorce on the grounds of irreconcilable differences. A divorce based on irreconcilable differences is the same as an uncontested divorce, or “no fault” divorce.
What is the process of an uncontested divorce?
The first step to any divorce is the filing of the divorce document known as the “Complaint for Divorce,” or a “Petition for Divorce.” In most cases, one person or the other has to file the complaint. In Mississippi, divorces are filed in Chancery Court and are heard by a Chancellor.
Typically, the person who files the divorce is the “Plaintiff,” and the other spouse is the “Defendant.” However, in Mississippi, it is possible for the parties to file a Joint Complaint for Divorce, which means that there is no Plaintiff or Defendant because both parties are coming before the Court together and asking for a divorce.
In Mississippi, both parties will agree upon a Property Settlement Agreement, or PSA.
Divorce Documents: The Property Settlement Agreement
In Mississippi, a Property Settlement Agreement (PSA) is a legal document that outlines the division of assets, liabilities, other property-related matters between spouses in a divorce, and the agreements regarding children. It establishes the rights and responsibilities of each party regarding marital property and debts. A Property Settlement Agreement may entail:
Division of Marital Property: The PSA specifies how marital property will be divided between the spouses. Marital property typically includes assets acquired during the marriage, such as real estate, vehicles, bank accounts, investments, retirement accounts, furniture, and other personal belongings. The agreement may outline a fair and equitable distribution of these assets, taking into account factors such as the length of the marriage, each spouse's financial contributions, and any other relevant considerations.
Allocation of Marital Debts: In addition to dividing assets, the PSA addresses the allocation of marital debts between the spouses. Marital debts may include mortgages, credit card debt, loans, and other liabilities incurred during the marriage. The agreement specifies which party will be responsible for paying each debt, taking into account factors such as each spouse's ability to pay and the circumstances surrounding the incurrence of the debt.
Alimony/Spousal Support: If one spouse is entitled to receive alimony (spousal support), the PSA may include provisions regarding the amount, duration, and terms of payment. Alimony may be awarded to provide financial support to a spouse who is economically disadvantaged as a result of the divorce, taking into account factors such as the length of the marriage, each spouse's financial needs, and the standard of living established during the marriage.
Child Support and Custody: While the PSA primarily addresses property-related matters, it may also include provisions regarding child support and custody if the spouses have minor children. However, child support and custody arrangements are typically governed by separate laws and guidelines in Mississippi, and any provisions related to these matters must comply with applicable legal standards.
Tax Implications: The PSA may address any tax implications resulting from the divorce, such as the tax treatment of alimony payments, the division of tax-deferred assets, and the claiming of dependents for tax purposes. It may also include provisions regarding the allocation of tax liabilities and the filing of tax returns during and after the divorce.
Enforcement and Modification: Once the PSA is finalized and incorporated into the divorce decree, it becomes a legally binding contract between the spouses. The agreement is enforceable by the court, and any violations can result in legal remedies such as contempt proceedings. However, the terms of the PSA may be subject to modification in the future if circumstances change substantially, such as a significant change in income or financial status for either party.
In Mississippi, the spouses are encouraged to negotiate and reach a mutually acceptable Property Settlement Agreement with the assistance of their respective attorneys. Once the agreement is reached, it is typically submitted to the court for approval as part of the divorce proceedings. If the court finds the agreement to be fair and equitable, it will incorporate the terms of the PSA into the final divorce decree, making it a legally binding court order.
The waiting period for an uncontested divorce.
In Mississippi, no matter what grounds for divorce you have, you must wait sixty (60) days from the initial filing of the complaint or petition, whether children are involved or not, to be divorced.
What happens after the waiting period? Is there a trial?
After the waiting period and when both parties have signed the Marital Dissolution Agreement and the Parenting Plan (if necessary), your documents are submitted to the court for final review and approval. In some counties, a final hearing is required. In other counties, the court will simply review the paperwork and sign it.
If a final hearing is required, usually only the Plaintiff will have to attend, as long as all documents are in order. When the court approves the documents and signs the Judgment of Divorce, you will officially be divorced.