Once the decision to divorce is made, you are eager to simply get the process over with. After all, you and your spouse are likely not on good terms and even if your split is relatively amicable you may simply want to cut ties and move on with your life.
Can you get a quick divorce in Mississippi? The answer depends on the grounds of your divorce.
Waiting period in a no-fault divorce
If you cite irreconcilable differences as your grounds for divorce this is also referred to as a no-fault divorce. This means you and your spouse both agree together to end your marriage.
If you are seeking a no-fault divorce, there is a 60-day waiting period that must pass before your divorce can be completed. This waiting period starts on the date you file for divorce. However, this time may be extended if it is taking longer than 60 days to settle your divorce issues such as property division or child custody.
Keep in mind that you must have resided in Mississippi for a minimum of six months before you can file for divorce in the state.
Waiting period in a fault-based divorce
If you want to file for divorce, but your spouse does not, you must cite one of 12 grounds for divorce. They are:
- Natural impotency
- Wife’s pregnancy by someone other than the husband
- Insanity or idiocy
- Serving a prison sentence
- Incurable insanity after marriage
- Habitual drug use
- Habitual drunkenness
- Habitual cruelty
These grounds constitute a fault-based divorce. There is not a specific waiting period for a fault-based divorce. However, you must notify your spouse of your intent to divorce a minimum of 30 days before your divorce trial. Also, it could take quite a long time for your trial to be scheduled.
Do not be hasty in your divorce
The decision to divorce is emotional and you may want to rush to end the painful process and move forward into better times. Still, it is important not to be hasty.
You want to make sure you resolve issues such as property division, child custody, alimony and child support in a manner that does not put you at a disadvantage. That can take some time and waiting periods exist to ensure your final divorce decree is fair.