Statutory Reference to Mississippi Code Annotated:

Residence: §§ 93-5-5, 93-5-11

Divorce: §§ 93-5-1, 93-5-2

Property Division: Case law only: Ferguson v. Ferguson, 639 So. 2d 921 (1994); Hemsley v. Hemsley, 639 So. 2d 909 (1994)

Alimony: § 93-5-23, and Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993)

Custody: §§ 93-5-23, 93-5-24

Visitation: § 93-16-3

Child Support: §§ 43-19-101 to 43-19-103

 

Residence:

One of the spouses must have been a resident for at least six months prior to filing, and not have secured residency solely for the purpose of procuring a divorce.  Special venue provisions based on whether the divorce is no-fault or fault-based.

 

Grounds:

Irreconcilable difference [no fault]. 

Other grounds: (1) impotence; (2) adultery; (3) imprisonment; (4) alcoholism and/or drug addition; (5) confinement for incurable insanity for at least 3 years before the divorce is filed; (6) the wife was pregnant by another man at the time of the marriage without husband's knowledge; (7) willful desertion for at least one year; (8) cruel and inhuman treatment; (9) spouse lacked mental capacity at time of marriage; (10) incest; (11) bigamous marriage.

 

Distribution of Property:

The Mississippi Supreme Court adopted the doctrine of equitable distribution of property in Ferguson v. Ferguson, 639 So. 2d 921 (1994), which spelled out eight factors for equitable division.  Hemsley v. Hemsley, 639 So. 2d 915 (Miss. 1994) defined the concepts of marital and separate property.  These two cases together make Mississippi and equitable distribution dual classification state. 

 

Alimony/Spousal Support:

Either spouse may be awarded maintenance if it is equitable and just, based on 11 factors contained in Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993).  The concept of rehabilitative alimony was recognized in Hubbard v. Hubbard, 656 So. 2d 124 (Miss. 1995). 

 

Child Custody/Visitation:

Joint or sole child custody shall be awarded based on the best interests of the child.  Joint custody may be awarded if both parents request joint custody, and if they so request joint custody, there is a presumption that joint custody is in the best interests of the child. 

 

The court may make any one of the following awards: (1) Joint physical custody to one or both parents, with legal custody to one or both parents; (2) physical custody to both parents, with legal custody to one parent; (3) physical custody to one parent, with legal custody to both parents; (4) custody to a third party if the parents have abandoned the child or are unfit. 

 

Child Support:

Child support guidelines are based on the Flat Percentage of Income model, calculated on net income.