My husband and I her getting a divorce in the state of Mississippi. He will be filing as no fault next week and I know that there is a 60 day waiting period. He is military so when the divorce is finalized I will no longer have base access or medical coverage so I'm trying to figure out if that ends at the 60 day mark or sometime beyond that due to the divorce process. Thank you
An "irreconcilable differences" divorce (also called a no fault divorce) becomes final only when a final decree of divorce is signed by the Judge. Prior to the expiration of the 60 days, the case is not yet "ripe" for presenting to the court. It is the duty of the parties, or the lawyer for one of the parties, to present a final decree to the Judge when the time has run and all other requirements are met.
Consult a local attorney to discuss this in more detail.
Answers provided are for informational purposes only. No attorney-client relationship is intended or implied.
Mississippi law doesn't allow for "No-Fault" divorces. Mississippi allows divorce based on "Irreconcilable Differences" which is commonly confused with "No-Fault" divorces. Irreconcilable Differences divorces require both parties to agree to the divorce and generally to the property division.
The Irreconcilable Differences divorce must sit in the Court file for 60 days after being filed. Once that time passes, an Order of Divorce must be presented to the Judge who will sign it if it complies with the law. No divorce is final until the signed Order of Divorce is filed with the Chancery Court Clerk. The judge usually doesn't file the order with the clerk, nor his he/she responsible to do so. It's the responsibility of the lawyer or person handling their own divorce to file the signed order with the clerk.
Be very careful if you rely on a divorce based on a drafted complaint or order by anyone but an attorney. Specific wording must be there, particularly to guard your rights. I strongly recommend consulting an attorney in person before signing anything relating to a divorce. You have rights that you could lose if not protected.
This is not to be considered legal advice. This creates NO attorney-client relationship and all answers are for general information. All persons are encouraged to consult with a licensed attorney of their choosing for advice specific to their need(s).
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