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Home » US Law » 2020 Mississippi Code » Title 93 - Domestic Relations » Chapter 5 - Divorce and Alimony

§ 93-5-1. Causes for divorce

Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve (12) causes: First. Natural impotency. Second. Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after […]

§ 93-5-11. Filing of complaints; transfer of venue

All complaints, except those based solely on the ground of irreconcilable differences, must be filed in the county in which the plaintiff resides, if the defendant be a nonresident of this state, or be absent, so that process cannot be served; and the manner of making such parties defendants so as to authorize a judgment […]

§ 93-5-13. Guardian ad litem

If the defendant is an infant or a person with mental illness, the court may appoint a guardian ad litem for the defendant.

§ 93-5-15. Guardian for spouse who becomes mentally ill may sue for divorce

From and after March 15, 1934, any marital contract previously or hereafter solemnized by and under which parties have been duly and legally married, and one (1) of the parties to the marriage contract has become or becomes mentally ill to such an extent that it is necessary for a guardian to be appointed for […]

§ 93-5-17. Proceedings to be had in open court

The proceedings to obtain a divorce shall not be heard or considered nor a judgment of divorce entered except in open court. A chancellor may, in his discretion, hear or consider proceedings to obtain a divorce in vacation and make and enter judgments of divorce in the same manner as he may in other cases […]

§ 93-5-19. Witnesses; depositions

In the trial of suits for divorce, witnesses may be summoned, and examined in open court, as in the trial of issues of fact in the circuit court, or depositions may be taken and read as in other cases and the parties shall be competent witnesses for or against each other.

§ 93-5-2. Divorce on ground of irreconcilable differences

Divorce from the bonds of matrimony may be granted on the ground of irreconcilable differences, but only upon the joint complaint of the husband and wife or a complaint where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver of process. If the parties provide […]

§ 93-5-21. Exclusion of spectators from courtroom

The court may, in its discretion, exclude all persons from the court room during the trial except the officers of the court, attorneys engaged in the case, parties to the suit and the witness being examined.

§ 93-5-24. Types of custody awarded by court; joint custody; no presumption in favor of maternal custody; access to information pertaining to child by noncustodial parent; restrictions on custody by parent with history of perpetrating family violence; rebuttable presumption that such custody is not in the best interest of the child; factors in reaching determinations; visitation orders

Custody shall be awarded as follows according to the best interests of the child: Physical and legal custody to both parents jointly pursuant to subsections (2) through (7). Physical custody to both parents jointly pursuant to subsections (2) through (7) and legal custody to either parent. Legal custody to both parents jointly pursuant to subsections […]

§ 93-5-25. Effect of judgment of divorce

The judgment of divorce shall not render illegitimate the children begotten between the parties during lawful marriage; but if the judgment be rendered because one (1) of the parties was married to another at the time of the marriage or pretended marriage between the parties, it shall adjudge the marriage between the parties to have […]

§ 93-5-29. Divorced persons not to cohabit

If any person who shall be divorced on account of their being within the degrees prohibited by law, shall afterwards cohabit, they shall be liable to the pains and penalties provided by law against incest. If any persons who shall be divorced on account of a prior marriage, adultery, or other cause, shall afterwards cohabit, […]

§ 93-5-3. Not mandatory to deny divorce because of recrimination

If a complainant or cross-complainant in a divorce action shall prove grounds entitling him to a divorce, it shall not be mandatory on any chancellor to deny such party a divorce, even though the evidence might establish recrimination on the part of such complainant or cross-complainant.

§ 93-5-31. Judgment of divorce may be revoked

The judgment of divorce from the bonds of matrimony may be revoked at any time by the court which granted it, under such regulations and restrictions as it may deem proper to impose, upon the joint application of the parties, and upon the production of satisfactory evidence of their reconciliation.

§ 93-5-33. Statistical requirements

All complaints for divorce shall name the parties to the suit, when married, and the number and names of the living minor children born of the marriage. It shall be the duty of each chancery clerk in the state to make a report of each divorce granted in his county; and on forms furnished by […]

§ 93-5-5. Residence requirements for divorce

The jurisdiction of the chancery court in suits for divorce shall be confined to the following cases: Where one (1) of the parties has been an actual bona fide resident within this state for six (6) months next preceding the commencement of the suit. If a member of the armed services of the United States […]