When it comes to living separately in Mississippi, couples have two options: filing for divorce or pursuing legal separation. Legal separation, unlike divorce, allows couples to live apart while still being legally married. In this article, we will explore the process of legal separation in Mississippi and discuss its variations from divorce.
Understanding Legal Separation
Legal separation is a formal legal process that enables married couples to live separately while maintaining their marital status. Similar to divorce, this process involves filing a petition with the court. The purpose of the petition is to seek court orders regarding important matters such as property division, child custody, child support, and spousal support.
How to Seek Legal Separation in Mississippi
To pursue legal separation in Mississippi, you must file a petition for separate maintenance with the chancery court in the county where either you or your spouse resides. The petition should provide adequate information about the grounds for legal separation, including instances of adultery, desertion, or cruelty.
Once the petition is filed, the court will schedule a hearing to assess the suitability of separate maintenance. During the hearing, the judge considers several factors, including the duration of the marriage, the financial situation of both spouses, the presence of children, and the reasons for the separation.
If the judge grants the petition, a separate maintenance order will be issued. This order outlines the rights and responsibilities of each spouse. Typically, separate maintenance orders address important issues such as child custody, child support, alimony, and property division.
Contrasting Legal Separation and Divorce
While legal separation and divorce entail living apart from one’s spouse, several key differences set them apart:
Marital Status: In legal separation, the marriage remains intact, preventing either spouse from marrying someone else. In divorce, the marriage is dissolved, allowing both parties to remarry if they wish to do so.
Property Rights: In legal separation, marital property is jointly owned by both spouses, and the court’s orders regarding property division must be adhered to. In divorce, the court divides the property between the spouses based on the relevant state laws.
Support Obligations: In legal separation, the court can issue orders for child support or alimony payments from one spouse to the other. Although similar orders are typically included in divorce cases, they may be more permanent in nature.
Choosing Between Legal Separation and Divorce
The decision of whether to opt for legal separation or divorce depends on each couple’s unique circumstances. Some couples prefer legal separation due to the associated legal benefits, such as health insurance coverage or tax advantages. On the other hand, some couples prefer divorce as it provides a definitive end to the marriage, allowing them to embark on new beginnings.
Conclusion
In Mississippi, legal separation offers couples the possibility of living apart without going through a divorce. This alternative involves filing a petition for separate maintenance and obtaining a separate maintenance order from the court. Although legal separation and divorce share similarities, they are legally distinct processes. The choice between legal separation and divorce should be made based on personal preferences and the specific circumstances of each couple.