I represent clients in both Alabama and Mississippi. In both states, if both spouses agree to get divorced and agree to the property/monetary division and any child custody issues, the divorce is relatively painless and cost-effective.
In reality, this rarely happens because spouses cannot agree on all the issues that come up when trying to dissolve a marriage.
Divorce in Alabama vs. Mississippi
In at least one way, it is easier to get a divorce in Alabama than it is in Mississippi. In Alabama, you can file for a no-fault divorce whether or not your spouse agrees to get divorced, and you will be able to divorce your spouse.
In Mississippi, if your spouse does not agree to a divorce, you will have to prove to the court that you have grounds for a divorce.
Grounds for Divorce in Mississippi
The grounds for divorce in Mississippi are:
- Natural impotency
- Spouse sentenced to any penitentiary
- Desertion for one year
- Habitual drunkenness
- Habitual and excessive use of opium, morphine or other like drug
- Habitual, cruel and inhuman treatment
- Mental illness at the time of the marriage or Incurable mental illness
- Pregnancy of the wife at the time of marriage by another person
- Kinship within the prohibited degree
Most divorce complaints in Mississippi will include at least one fault-based reason for the divorce. In Alabama, many divorce Complaints state “irreconcilable differences” for the reasons for divorce.
Filing fees for divorce actions file by county and state and vary depending on whether the divorce is contested or uncontested.
What You Will Need For Your Lawyer
If you are strongly considering a divorce or have decided you want to get a divorce, make an appointment with an attorney. Bring the following to your divorce attorney:
- Tax returns for the last 5 years
- Bank statements/records
- Records of Financial Accounts such as IRA’s, Trusts, etc.
- Monthly expenses
- Information relating to assets such as a house, vehicles, etc.
Article by Attorney Stephanie Woodard, Woodard Law Firm in Columbus, Mississippi
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