What are the requirements for a no fault divorce with no debt or children?
Full Question:
Answer:
Mississippi law allows for no-fault divorces, no fault divorces
with contested issues, and fault divorces. The no-fault divorce is based
upon irreconcilable differences and may only be granted when both
parties agree to a divorce. To obtain a no-fault divorce, a joint
complaint must be filed or the defendant must either be personally
served or appear by filing a written waiver of process. If both parties
agree to the divorce, but cannot agree on all aspects of custody,
property division, etc., the court can decide these matters (this is a
no-fault divorce with contested issues).
If the parties do not agree to get divorced, then one party must seek
the divorce based on one of twelve recognized grounds, including:
1. Habitual cruel and inhuman treatment;
2. Adultery;
3. Being sentenced to any penitentiary;
4. Desertion for one year;
5. Habitual drunkenness;
6. Habitual and excessive use of opium, morphine or other like drug
(including addiction to prescription drugs);
7. Natural impotency;
8. Insanity or idiocy at the time of marriage, if the party complaining
did not know of such infirmity;
9. Marriage to some other person at the time of the pretended marriage
between the parties;
10. The wife's pregnancy by another person at the time of the marriage,
if the husband did not know of such pregnancy;
11. Incest; and,
12. Incurable insanity.
In order to file a fault or no-fault divorce, at least one party must be
a resident of Mississippi for at least 6 months before filing for
divorce. If the defendant is not a resident of the state, the complaint
for divorce must be filed in the chancery court of the county where the
plaintiff resides. If the defendant is a resident of the state, the
complaint shall be filed in the chancery court of the county where the
defendant resides. A complaint based upon irreconcilable differences
may be filed in the chancery court of the county where either party
resides. Complaints for divorce on the ground of irreconcilable
differences must have been on file for 60 days before being heard.
A spouse may petition the court requesting that upon divorce the court
restore the party to the use of a former or maiden name.