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.
This edition, in addition to bedrock family law principles, includes statutory and case law updates regarding jurisdiction, alimony, equitable division, business valuation, contempt, attorney fees, visitation, custody and de facto marriage concerns. It also includes updated, revised and new forms.
All States have Family Law Courts, but not all Family Laws are the same throughout the Country.
Often I get calls from potential clients from other states. Either they were originally from here and did not know who else to call, their case was originally decided here, or they just heard that State “X” has a certain law. Where you can sue or be sued really regards jurisdiction, blogged previously. Today is about the fact that the law is different from State to State.
There is no uniform code of family law. All states are required to have a child support formula, but not all states calculate it the same way. All states have provisions for divorce, but some states prefer “No-fault” divorces while some require you to have fault grounds, if an agreement cannot be reached. States have different burdens of proof, residency requirements and waiting periods.
Just because your cousin’s friends got something in her divorce in Texas does not mean you can get it in Tennessee.
Matthew Thompson is a Domestic Relations Attorney in Mississippi. Be sure you call an attorney in the appropriate State.