Mississippi Criminal and Family Law BlogDivorce is never an easy process, but in Mississippi, there’s an option that can make it quicker and less stressful: uncontested divorce. If you and your spouse can agree on the terms of your divorce, opting for an uncontested divorce might be the fastest way to legally end your marriage in this state. Let’s dive into what uncontested divorce means and why it’s often the speediest route to a divorce decree in Mississippi.
What is Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all major issues related to the divorce, including division of property, division of assets and debts, child custody and support (if applicable), and alimony. Essentially, both parties are on the same page and don’t require court intervention to settle disputes.
Why is it the Fastest?
In an uncontested divorce, the legal process is streamlined because there’s no need for court hearings or trials to resolve disagreements. This can significantly expedite the divorce timeline. Additionally, since there are fewer legal disputes to settle, legal fees associated with an uncontested divorce are often lower compared to a contested divorce, where negotiations can drag on.
Steps in an Uncontested Divorce in Mississippi:
- Prepare the Forms: A family law attorney will prepare the forms, and then both spouses must complete and sign the required divorce forms, which typically include a Complaint for Divorce and a Marital Settlement Agreement outlining the agreed-upon terms.
- File with the Court: The completed forms are filed with the appropriate county court in Mississippi. Filing fees apply, but they’re usually lower for uncontested divorces.
- Waiting Period: Mississippi has a waiting period of 60 days from the date of filing before the divorce can be finalized. This waiting period is mandated by state law.
- Finalize the Divorce: After the 60 day waiting period, a judge reviews the paperwork. If everything is in order and the judge approves, a final divorce decree is issued.
Benefits of Uncontested Divorce:
- Quicker Resolution: Typically, an uncontested divorce can be finalized within two to three months, compared to contested divorces, which can last many months or years.
- Less Stress: The cooperative nature of uncontested divorce often leads to less emotional strain and conflict between the parties.
- Lower Costs: With fewer legal hurdles and court appearances, uncontested divorces generally cost less in legal fees and related expenses.
Consult with a Family Law Attorney Today!
If you and your spouse are able to communicate and reach agreements on the terms of your divorce, pursuing an uncontested divorce in Mississippi can be the fastest and most efficient way to dissolve your marriage. By avoiding prolonged legal battles and court proceedings, you can move forward with your life more quickly and with less turmoil. However, it’s crucial to ensure that all legal aspects are addressed properly to protect both parties’ interests. If you have been searching the Mississippi area for a qualified, experienced family law attorney, look no further than Vic Carmody Jr., P.A. Our firm can handle your case with a balance of compassion and confidence to guide you through one of the most difficult times a person can go through. Contact us today for a free consultation to discuss your case and learn about your options.