Mississippi
MississippiMississippiThe 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. Divorce Law 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. CHILD CUSTODY 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 MARITAL PROPERTY 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 marriageÕs 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 RESOURCES Mississippi Department of Banking andConsumer Finance PO Box 23729 Jackson, MS 39225-3729 Phone: (601)359-1031 Free: 800-826-2499 Joseph H. Neely, Commnr. Mississippi Division of Child SupportEnforcement Department of Human Services 515 E. Capitol St. PO Box 352 Jackson, MS 39205 Phone: (601)354-6844 Fax: (601)354-6948 Mississippi Divorce, Alimony, and ChildCustody: with Forms Harrison Co. 3110 Crossing Park Norcross, GA 30071 N. Shelton Hand Jr. 1992. 3rd edition. Mississippi Insurance Department PO Box 79 Jackson, MS 39205-0079 Phone: (601)359-3569 Free: 800-562-2957 George Dale, Commnr. Mississippi State Bar 643 N. State St. Jackson, MS 39202 Phone: (601)948-4471 Fax: (601)355-8655 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 Phone: (404)331-5733 © 1997 Flying Solo™. All rights reserved. Legal Notices
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