Jackson Uncontested Divorce

Divorce is often portrayed as a difficult and emotional process, but this is not always the case. For some couples, divorce is a more amicable process and an inevitable result of a realization that they have drifted apart. For couples who are able to handle their separation in a more cordial manner, pursuing an uncontested divorce rather than a contested divorce allows them freedom to negotiate a resolution that works for everyone. M. Devin Whitt, a highly experienced Jackson uncontested divorce lawyer, routinely guides clients through these divorces in Mississippi.

In many states, a divorce does not require the agreement of both partners in a marriage. One spouse may decide that the marriage is no longer working and file for divorce on their own, without needing to consult with their spouse or have a specific reason for the divorce. This is commonly known as a no-fault divorce.

In Mississippi, the process is different. A divorce is either contested or uncontested. An uncontested, or agreed divorce occurs when both parties agree that they would like to divorce and move forward with the process. In Mississippi, this type of divorce is known as an Irreconcilable Differences divorce. These divorces are similar to a no-fault divorce, and may be initiated by one party or a by joint complaint for divorce. However, both parties must agree to the divorce and either consent in writing to all matters relevant to the divorce (i.e. child custody, child support, property division and spousal support), or consent to submit these issues to the court for an adjudication. An uncontested divorce opens up many options for spouses to terminate their relationship and divide their assets in a respectful, non-adversarial, and cost-effective manner. A knowledgeable uncontested divorce attorney can help Jackson residents understand the nuances of this process.

An uncontested divorce requires spouses to agree to more than just a separation of the financial and emotional bonds of matrimony. A divorce can only be truly uncontested if the parties agree in writing on issues like child support, child custody, alimony, and how any assets will be divided. This includes dividing up things like the family home, jointly owned cars, vacation homes, and family-owned businesses and marital debt. If your spouse and you do not agree on any one of these issues, then the spouses will need to agree to submit these issues to the Court for a decision or a contested divorce must be filed.

In our Jackson, Mississippi office, we have a formal process for uncontested divorces, and follow it carefully.

When you call we will schedule a consultation for you to come in and speak with us about the background facts of your case. We are very careful during this initial consultation and go in depth about the facts of your case to make sure we have a complete understanding of the background of your marriage. During this initial consultation we will discuss various facts relating to you and your spouses’ relationship, marriage, finances, fault, assets, debts, and employment. We will also discuss divorce law in Mississippi. The goal of the initial consultation is to give your Jackson uncontested divorce attorney the information he needs to look out for your best interests during the divorce process in Mississippi and to inform you on the law on divorce in the State of Mississippi. The information learned from our initial consultation is also critical because it will also assist your attorney with drafting the specialized terms and conditions of your written divorce agreement.

If, after our consultation, you elect to go with an irreconcilable differences divorce, an experienced divorce attorney will then carefully draft your divorce paperwork. Divorces are filed in Chancery Court in Mississippi. Experience with Mississippi divorce law is important at this stage. Every state has different requirements, and, in fact, every county in Mississippi has its own chancery court with its own chancellor or set of chancellors that may prefer for things to be done a different way. We are experienced and have filed numerous cases in these courts. These documents will be drafted to your specific jurisdiction and facts, and will include a Complaint for Divorce- Irreconcilable Differences, a Final Judgment and a Child Custody and Property Settlement Agreement. In Mississippi, the parties will typically need to execute an 8.05 Financial Declaration and, if an unrepresented party is involved, and Waiver of Counsel.

Once prepared, your attorney will go over these documents with you carefully and give you time to review this paperwork, ask questions about the proposed agreement and allow you time to discuss any changes. This is a very important step in the process, as many common mistakes can be eliminated by a careful review of the paperwork by the client. Also, a careful review of the paperwork at this stage may save time and money in the long run. Once your divorce paperwork is approved, the next step is presenting the paperwork to your spouse and allowing the spouse to participate in the same review. Assuming the agreement is approved, all parties with need to execute the initial the paperwork.

To file in Mississippi, at least one spouse must have lived in Mississippi for at least six (6) months before filing for the divorce. Moreover, we will typically file your irreconcilable divorce in the Chancery Court of the County where you reside. When the complaint if filed, it will be assigned a chancellor through a random assignment process. Once the complaint for divorce-irreconcilable differences is filed, Mississippi divorce law requires the parties wait sixty (60) days before the divorce can be finalized. After the waiting period period, we will appear before the chancellor and present the divorce for approval.

The court will review the documents to determine whether to grant the divorce. If the there are no outstanding issues and the terms of the agreement are fair, reasonable and adequately provide for the support and maintenance of any minor children of the parties, the judge will typically issue a final judgment granting the divorce and incorporating the terms of the settlement agreement. If the judge is concerned that aspects of the agreement may not be fair or provide adequately for the support and maintenance of minor children, the court may deny the divorce.

Your most important asset is your time. When both parties agree that a marriage no longer makes sense, a divorce does not need to be a long and complex process. Mississippi law provides that when spouses are capable of agreeing to the divorce, the courts can allow them to efficiently move on with their lives. At the Law Office of M. Devin Whitt, we offer experienced and compassionate legal counsel that assists clients in Madison County, Hinds County, and Rankin County with irreconcilable differences divorces and will take the step necessary to prepare and finalize your divorce, allowing you to move on with your life. We have over 15 years of experience and assist people in Jackson, Madison, Brandon, Byram, Pearl, Ridgeland, Raymond, Gluckstadt, Florence, Flowood, Utica, Edwards, Canton, and all other cities across the State of Mississippi. For more information, or to schedule an initial consultation, contact us online or at 601-607-5055.