Mississippi Family Laws

At least one spouse must be a bona fide resident of Mississippi for at least 6 months before filing.

A 60-day waiting period applies from filing before the court can grant a divorce on irreconcilable differences grounds.

No-fault: irreconcilable differences (requires mutual consent). Fault-based grounds include: natural impotency, adultery, felony conviction, willful desertion (1 year), habitual drunkenness, habitual drug use, habitual cruel and inhuman treatment, mental illness at time of marriage, bigamy, pregnancy by another at time of marriage, incurable mental illness (3 years confinement), and kinship within prohibited degrees.

Marital property is divided equitably (not necessarily equally). The Ferguson factors include: substantial contribution to accumulation (including homemaker contributions), property use, market and emotional value of assets, separate property values, tax consequences, whether division eliminates need for alimony, and needs of each party.

Custody is determined by the best interest of the child using the Albright factors: parenting skills, willingness to provide primary care, employment demands, age/health of parents, emotional ties, moral fitness, home stability, child's preference (if of sufficient age), and each parent's willingness to facilitate the child's relationship with the other parent. No presumption favoring either parent.

Mississippi uses a percentage-of-income model: 1 child = 14%; 2 children = 20%; 3 children = 22%; 4 children = 24%; 5+ children = 26% of adjusted gross income. Support continues to age 21 (Mississippi's age of majority) unless the child is emancipated.

Courts may award periodic, lump-sum, rehabilitative, or reimbursement alimony. Factors include income and expenses, health and earning capacity, child care obligations, standard of living during marriage, length of marriage, and fault. Periodic alimony terminates upon remarriage, cohabitation, or death.

The Protection from Domestic Abuse Act provides emergency, temporary, and final protection orders. Emergency orders can be issued ex parte and last up to 5 business days. Final orders can last up to 1 year and may be extended.