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My husband let March 3, then I filed for divorce because he…

Customer Question
My husband let March...

My husband let March 3, then I filed for divorce because he never came back, he is still not back. How long will I have to stay tied to him because he has refused to sign the papers in mississippi?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Mississippi

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes. I was told we would just remain married

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can i still get the divorce on the grounds of abandonment?

Submitted: 10 months ago.Category: Family Law
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Answered in 5 minutes by:
9/22/2017
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,105
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

I’m sorry to hear about your situation. MS has several “grounds for divorce” that you could claim against another party. Those are:’

  • adultery

  • impotence

  • bigamy, or marriage to someone else at the time of marriage

  • criminal conviction and sentence to any jail time

  • willful continuous desertion for at least one year

  • habitual alcohol or drug abuse

  • habitual cruel and inhuman treatment

  • wife’s pregnancy by another at the time of marriage without the husband’s knowledge, and

  • hospitalization or institutionalization of a spouse for three years due to insanity.

However, MS also recognizes “no fault” divorce, meaning that you do not have to have him be present for you to go through the divorce proceedings. According to a trusted source, “Under Section 93-5-7 of Mississippi’s code, if your spouse reacts to service of your complaint by ignoring the whole process, the court will not enter a default judgment against him. Instead, you must go to trial anyway, even without his participation, and prove your grounds to the judge’s satisfaction. If you're successful, the judge will grant your divorce, generally giving you what you asked for in your complaint.”

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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