Mississippi  |  Family Law

Legal Question

Asked on: 7/22/11, 8:39 am

If I file a no fault divorce in the state of my current residence (Mississippi), would it be invalidated by an already pending divorce case filed by my (soon to be ex) husband in CA? He filed it over two years ago and nothing has been done in the case. Its just sitting there unfinished and I'd like to see it over and done with hence my quandry. I didn't want to go to the expense of filing here if it would just be invalidated by the previous filing. Thanks

1 Answer

Answered on: 8/24/11, 9:43 am by Dustin Thomas

Mississippi does not have a "no-fault" divorce statute. You may file on irrreconcilable differences but you both would need to agree before that would be granted. (It would be best to file a joint petition for divorce). With regard to the case in California, you can still file here but you MUST disclose that fact in your petition. You do not stat if you have kids and that mya or may not complicate things. But you can file as long as you disclose, you may check with CA as if it has sat so long it may have been dismissed

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The Law Offices of Dustin N. Thomas, PLLC 1309 Market Street Pascagoula, MS 39567-6604

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