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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: 8 months ago.Category: Family Law
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9/22/2017
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 11,473
Experience: Licensed to practice before state and federal court
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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 8 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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Category: Family Law
Satisfied Customers: 11,473
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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