The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.
GROUNDS FOR DIVORCE
Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; impotency; insanity;pregnant at time of marriage; conviction of crime; prior marriageundissolved; in line of consanguinity.
Residency: One party actual, bonafide resident for 6 months before suit.
Waiting Period: Final decree enteredimmediately but may be revoked at any time by granting court uponrequest of parties.
No Fault: Irreconcilable differences(only if uncontested).
Defenses: Recrimination not absolutebar.
Code Section: 93-5-1, et seq.
Uniform Child Custody Act:1982
Joint Custody:Yes, 93-5-24
Grandparent Visitation:Yes, 93-16-1, et seq.
Child's Wishes Considered:No
Code Section: 93-5-23
Community Property: No
ANNULMENT AND PROHIBITEDMARRIAGE
Grounds: Incurable impotency,insanity, or idiocy; incapable of consent from lack ofunderstanding, force, fraud; pregnant by another man and husbanddid not know.
Time Limitation: Insanity, lack ofconsent, pregnancy: Within 6 months of marriage.
Legitimacy of Children: Void orannulled marriage’s issue is legitimate, but issue of incestuousmarriage is not.
Prohibited Marriages: Bigamous andincestuous marriages are void; between ancestor and descendant,brother and sister, aunt and nephew, uncle and niece, firstcousins by blood, daughter or son-in-law to father ormother-in-law.
Code Section: 93-1-1; 93-7-3, 5
Mississippi Department of Banking andConsumer Finance
PO Box 23729
Jackson, MS 39225-3729
Joseph H. Neely, Commnr.
Mississippi Division of Child SupportEnforcement
Department of Human Services
515 E. Capitol St.
PO Box 352
Jackson, MS 39205
Mississippi Divorce, Alimony, and ChildCustody: with Forms
3110 Crossing Park
Norcross, GA 30071
N. Shelton Hand Jr. 1992. 3rd edition.
Mississippi Insurance Department
PO Box 79
Jackson, MS 39205-0079
George Dale, Commnr.
Mississippi State Bar
643 N. State St.
Jackson, MS 39202
The Bar's lawyer referral service is available at (800) 682-6423,8:30 a.m.-3:30 p.m., weekdays. The Legal Line program, a freelegal advice service, is offered every Tuesday evening, 6-8 p.m.
Publications: Bankruptcy; Guide toLegalese; Lawyers and Legal Fees; Looking for a Lawyer; andParental Responsibility After Divorce.
Mississippi State Board of Health
Vital Records Registration Unit
PO Box 1700
Jackson, MS 39215-1700
Responds to public inquiries for birth and death records datedfrom November 1, 1912, and marriage records dated from January 1,1926. Charges $7 for short form birth certificate; $12 for longform birth certificate. Duplicate copies cost $3. Death andmarriage certificates cost $10; duplicate copies cost $2. Charges$6 for five-year search of records. Divorce certificates can beobtained from Chancery Clerk of County in which decree wasgranted (Vital Records Registration Unit maintains an index ofdivorces; search fee $6). All marriage for the period July 1,1938 through December 31, 1941 obtained from Circuit Clerk ofCounty of occurrence, (601)960-7981. For all inquiries, enclose astamped, self-addressed stamped envelope.
Office of Child Support EnforcementRegional Representative (Mississippi)
101 Marietta Tower, Ste. 821
Atlanta, GA 30323
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