The Divorce Process in Mississippi
In 2004, 86% of the voters supported the constitutional amendment to prohibit any legal rights for gay couples. Mississippi is a state with the largest black population and blacks constitute about 31% of the adult population. Until 1966, a considerable section of the black population was denied the voting rights. Since the last few decades, Mississippi continuously figured in the list of ten states with the highest divorce rates. Unlike the national average, the state?s divorce rate failed to exhibit any appreciable decline. Mississippi divorce rate stood at 5.5/1000 population in 1990, which slightly melted down to 4.5/1000 population in the year 2004. However, as per Rev. Jarvis Ward, a Central Mississippi Covenant movement leader,? Part of the reason numbers are going down is because people aren?t marrying. They?re cohabiting?. In 1998, Mississippi had the highest Out-of-Wedlock birth rate of 45.5% and the highest Teen-Birth-Rate, which stood at 20.0%. Lack of education and poverty have given way to a vicious cycle. There exists a severe wealth imbalance in the state. Per capita income wise, Mississippi stands to be the 50th state in the US and qualifies as one of the poorest states in the country. The unemployment rate stood at 7.9% in 2005. The education system took a long time to take off, with provisions highly skewed in favor of the Whites. The rate of cohabitation is quite high, though Mississippi is one of the six states to have laws against cohabitation. Thus, improper education and low household incomes are the two most important factors fueling a high divorce rate.
In order to file a divorce suit in a Chancery Court in Mississippi, certain residency requirements need to be satisfied. In the absence of an authentication by the court that the residency requirements have been met with, the case can be dismissed. A complaint for a divorce can be filed by any person who has been a resident of Mississippi for at least six months, just prior to the filing of the complaint. Any member of the armed forces stationed in Mississippi with his/ her spouse shall be considered a resident of the state along with his/ her spouse. In case of a finding by the court that the residence has been acquired only for the sake of procuring a divorce, the case shall be dismissed (Mississippi Code: Section 93- Chapter: 5-5). The complaint for a divorce should be filed in the county in which either of the spouses resides, if both of them happen to be the residents of the state. In case only the plaintiff happens to be the resident of the state, the petition should be filed in the county in which he/she resides (Mississippi Code: Section 93- Chapter: 5-11).
In Mississippi there is a provision for both a fault- and no-fault divorce. Mississippi has a wide array of fault-based grounds for divorce which are twelve in number, such as impotency, adultery, desertion, addiction, cruelty, incurable insanity, incest, etc (Mississippi Code: Section 93- Chapter: 5-1). A no-fault divorce can be obtained only on the grounds of irreconcilable differences (Mississippi Code: Section 93- Chapter: 5-2). The spouse who files the complaint is known as the Complainant. The spouse on whom the complaint is served is called the Defendant.
So far as the division of property pursuant to a divorce is concerned, Mississippi is a Title Property state. The apportionment of a property depends upon who holds the title for that property and each spouse retains the property that is legally in his or her name. The property held jointly is distributed equitably by the court, as deemed just and fair by it. In case of a dispute, the court has the authority to take a decision. The court may grant alimony to a party after thoroughly taking into consideration his or her circumstances and the nature of the case.
The child custody is decided in accordance with the best interests of the child. The court may decide upon a sole physical custody, joint physical custody, sole legal custody or a joint legal custody, keeping in foreground, the best interest of the child. In exceptional cases, custody may be granted to a third party. In case of a sole custody, the non-custodial parent has the right to access the information pertaining to his child. Considering the overall well-being of the child, court may enforce a supervised visitation. All allegations of abuse are investigated by the Department of Human Services. The wishes of a child of twelve years or above are given a weightage while deciding the custody issue.
The court may order either or both of the parents to pay for child support which is calculated on the basis of the Child Support Guidelines.
James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com
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