According to LegalMatch, the average time for a divorce in Mississippi is around 60-90 days, provided there are no complexities or disputes. However, the actual duration can vary depending on individual case circumstances and court caseloads.
Basic timeframes of different divorce stages and critical factors that impact the duration of marriage dissolution are described below.
Mississippi Divorce Process Timeline
If you wonder how long it takes to get a divorce in Mississippi, you should consider the type of marriage dissolution in the first place. In the state, couples can apply for no-fault divorce, indicating irreconcilable differences as the grounds for their decision, or a fault-based one, when a particular partner’s misconduct led to the breakdown. In the second case, a divorce process will likely be contested, more time-consuming, and can last over a year. The more disputable the litigation is, the longer it takes.
On the contrary, uncontested divorces, frequently referred to as amicable marriage dissolution, typically take a couple of months to be finalized.
How Long Does the Waiting Period for Divorce Take?
Couples that file for a no-fault, uncontested divorce have to comply with a mandatory divorce waiting period, which is 60 days from the moment of submitting papers to the court. As for fault-based cases, there is no obligatory waiting period.
How Long Does It Take to File for Divorce?
The filing process is straightforward and may require a couple of hours if you have a package of filled-out divorce forms to submit to a clerk and initiate the divorce case.
So, how long does it take to file divorce papers if you have chosen a DIY approach? Considering that all paperwork is your sole responsibility, preparing it can delay the first stage of your divorce. Completing documents without any legal background or third-party assistance can be difficult, and you may need to redo paperwork, thus prolonging the whole divorce process.
How Long Does It Take to Be Served with Divorce Papers?
When filing for marriage dissolution, you may wonder how long it takes to serve divorce papers. According to Miss. Rules Civ. Proc. § 4(h), the plaintiff has 120 days to serve copies of divorce forms to the other party. You may deliver the papers by a sheriff, a process server, a certified mail, or an uninvolved adult.
How Long Does It Take to Finalize a Divorce?
Divorce timelines in Mississippi can vary from a few months to several years. The most crucial factor that determines the duration of marriage dissolution is its type. So, how long does it take for a divorce to be finalized in Mississippi if spouses agree on property and debt division, child custody and support, and other important matters? In the best-case scenario, spouses will be divorced in 2-3 months, considering that there is an obligatory waiting period of 60 days.
Contested cases usually last much longer, up to a year or more, especially if spouses have many unresolved disputes. If their divorce decision stems from one of the grounds listed in Miss. Code Ann. § 93-5-1, they will also have to spend time collecting irrefutable evidence and presenting the data during hearings.
Factors Affecting the Length of a Divorce
Overall, the main factors that impact the divorce duration are its type and the court’s caseload. While spouses cannot affect the second aspect, they still retain certain control over the specifics of their divorce case. For instance, they can use ADR services to resolve their disputes before applying for divorce to make the process simpler and faster.
Besides, spouses who initially apply for an uncontested divorce can speed up document preparation by ordering the needed forms from a trustworthy service. To expedite the marriage dissolution process even further, they can choose a quick divorce online if this option is available in their county.
So, how long do you have to wait to divorce in Mississippi? Simply put, the more cooperative you and your partner are, the quicker you can end your marriage officially.
Phyllis Tenney is an author with a deep knowledge of family law. Holding a Juris Doctor degree from a prestigious law school, she brings her legal expertise to her writing. Phyllis has a passion for exploring complex familial dynamics, and her novels often delve into the tangled web of relationships, love, and legal intricacies within families. In addition to her literary work, she contributes articles on family law topics to reputable publications and is a sought-after speaker at legal conferences.
