Sixty days and you are divorced is NOT the law in Mississippi.
§ 93-5-2 – Divorce on ground of irreconcilable differences
“(4) Complaints for divorce on the ground of irreconcilable differencesmust have been on file for sixty (60) days before being heard... the provisions of Section 93-5-17 to the contrary notwithstanding.”
60 days is NOT a deadline. It is a minimum, mandatory waiting period. It provides sufficient time for a cooling-off period and typically sufficient time to do all of the things necessary to complete the paperwork required in an Irreconcilable Differences divorce.
You are NOT automatically divorced on day 60 or 61. It means that AFTER 60 days the completed paperwork may be presented to the Chancellor for their review and approval.
Additionally, all of the paperwork does NOT have to be completed before you file and the Court will keep the file open for at least 12 months with no additional activity. This means at any point after the initial filing and 60 days, a divorce may be presented and finalized.
Matthew Thompson is a “No Fault” divorce attorney in Mississippi.
Do NOT set your Wedding Date before the divorce is FINAL.
Obviously, you cannot get re-married if you have a pending divorce. However, you should not set the date to marry your one, true beloved, counting on the divorce to go through from your demented, soon-to-be-ex on time, every time.
Divorce is not Amazon Prime. There is no guaranty that it will be there with next day shipping. In fact, routinely, something occurs to delay the process. A signature page was left blank or someone forgot to notarize all of the documents. Sometimes the Court is not available on day 61 to enter it and sometimes people change their minds.
Matthew Thompson is a Mississippi divorce attorney and advises you to wait until the divorce is final before setting the date for wedded bliss.
There is a lot of misinformation out there about Divorce. Online searches are no true replacement to good legal advice.
A cursory search of the internet revealed these commonly accepted pieces of internet advice that are dead wrong…
Child Support.One site discusses theIncome Shares Model of determining child support in Mississippi. This is wrong. Mississippi uses theObligor Model and child support is based primarily upon the income of the non-custodial parent’s adjusted gross income.
Alimony.That trusted brand Wikipedia includes that Alimony, in Mississippi is “usually awarded for life.” While permanent alimony is possible it is still subject to modification and termination well prior to death and saying it is “usually” awarded is wrong. Read more about Mississippi Alimony here.
“No Fault Divorce”. Common lore has perpetuated the belief Mississippi has “no fault” divorce. Mississippi does not have “no fault” divorce. Mississippi has Irreconcilable Differences. There is a significant difference.
Timing of Divorce.For an Irreconcilable Difference Divorce there is a minimum 60 day waiting period. It does not mean that you are divorced on day 61. It means that you may present the papers for Court approval after 60 days have passed. Routinely sites say you will be divorced in 30-90 days. It will never be less than 60 for an Irreconcilable Differences Divorce and if it is Fault based it can take much longer.
Cost of Divorce.No website can do this justice. I saw one that listed the filing fees and fee for service by publication as the “costs” of a divorce, and a that an attorney may be additional monies. The posted filing fees were wrong and those come nowhere close to what a divorce could cost. A competent attorney can tell you the likely costs.
Matthew Thompson is a Divorce Attorney in Mississippi and if you find yourself needing the answers to any of these above issues, please go see an experienced attorney that handles Family Law in Mississippi.