Thank you for using Just Answer. It will be my pleasure to assist you.Mississippi only offers divorce
and what is called separate maintenance
, they do not recognize legal separation
. The difference between the two is as follows:In a divorce, there is a complete severance of the marriage
and the husband and wife are no longer married and live apart free from interference from the other. The parties themselves or the Court will make a division of the assets and debts accumulated during the marriage and divorce them equitably (not necessarily 50/50). The parties or the Court, if the parties can not decide, will divide the furniture and furnishings and determine the amount of child support
. If there is real property (house or land) the court will divide the property or the parties will decide who shall be entitled to the ownership of the house and the debt on the house.With separate maintenance, the couple will stay married and there will be NO division of the assets or the debts of the parties. In this type of action the person seeking to have the other party evicted from the home must show the same grounds for separate maintenance as you do for a divorce. The Court will require the offending party to leave the home and to pay maintenance to the innocent party. Maintenance is child support and spousal support
which can come in different forms, such as house payments, cash payments, car payments, etc. In this action you may not sell your property, transfer it to someone else and you may not let it go to waste to spite a person. Of course, parties may choose to simply separate, and not file anything with the courts, and just live apart. Reasons that people may separate and not divorce include religious reasons, hope of reconciliation, or because one spouse wants to remain on the insurance of the other spouse. If I can clarify anything or you need additional information, please use the REPLY feature, and I'll be happy to assist. Thank you.