1. Bakkerbaard

    Bakkerbaard Contributor Contributor

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    Mississippi Divorce

    Discussion in 'Research' started by Bakkerbaard, Jun 4, 2020.

    I give up. I even tried to get in contact with actual laywers and understandably they want money for legal advice, but honestly... It's one superficial question.

    This plays in Mississippi, I don't know how much that matters, law wise.

    A husband wants to divorce his wife because she's been having an affair. Even though she doesn't love or respect him anymore, she doesn't want to sign the papers, because that would cause serious financial problems for her (something else I'm gonna have to tackle, by the way).
    How does the husband get divorced anyway?

    For those of you attempting an answer: I don't really need in depth legal advice. Just believable advice is good enough.
     
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  2. Homer Potvin

    Homer Potvin A tombstone hand and a graveyard mind Staff Supporter Contributor

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    They have to hire lawyers, go all the way through the court proceedings, and wait for a judge to sign off on a settlement, BEFORE there is anything to sign, I think. Otherwise, if no settlement, each side submits their requests and the judge renders a summary decision, in which case, there would be NOTHING to sign.

    At least, that's how I think it works. She would only have to sign what they agreed to in the first place. Not sure what would happen if she did all that and then changed her mind. Probably goes back to judge's ruling.

    Either way, Mississippi isn't known for its literacy, so anyone who might notice a factual discrepancy isn't likely to be reading the book anyway.

    I could be totally wrong about all of that, but I think that's the gist.
     
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  3. Bakkerbaard

    Bakkerbaard Contributor Contributor

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    Thanks for your input so far and I hope to god you're wrong. ;o)
    I don't want to have to research court proceedings and add that to an already bloated chapter.
     
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  4. Homer Potvin

    Homer Potvin A tombstone hand and a graveyard mind Staff Supporter Contributor

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    What's the weenie?

    (that means what's the context/situation/problem in more specific terms)
     
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  5. Wreybies

    Wreybies Thrice Retired Supporter Contributor

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    The quick and dirty version:

    Once the papers are filed against her, she typically has 30 days in which to respond. Failure to respond will cause her to fall into default and - assuming no other more pressing circumstances - the divorce will proceed.

    Not
    responding to the divorce papers is not her way out. If she fails to respond, the other party is given legal remedy.

    If she contests the divorce, then this all goes to court and is treated under a similar thought process as a breach of contract, because, in effect, when she cheated, that's what happened - a breach of contract. They will each have a chance to bring evidence and anything else that will support their side of the case.
     
    Last edited: Jun 4, 2020
  6. Xoic

    Xoic Prognosticator of Arcana Ridiculosum Contributor Blogerator

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    I was looking for the punchline—like

    "You know what a Mississippi Divorce is"

    "No... " :wtf:
    "It's a shotgun and a double burial in the ravine behind the house." :superagree:

    ....:bigeek:
     
  7. Wreybies

    Wreybies Thrice Retired Supporter Contributor

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    You're not alone! I figured, "Oh, this must be the like a shotgun wedding, only... divorce." :-D
     
  8. Xoic

    Xoic Prognosticator of Arcana Ridiculosum Contributor Blogerator

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    Hey, on the plus side, there's a lot less paperwork that way!
     
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  9. Bakkerbaard

    Bakkerbaard Contributor Contributor

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    I need to stick her with a debt he incurred. Somewhat ironically, it could have been avoided if she had slept with someone else, but she refused.
    So I figured he talked to a slimy accountant who advises him to divorce her. At first he doesn't really want to, because, you know, that love-nonsense. But once he finds out she's having an affair (which, it turns out, he kinda accidentally instigated in the first place) he has a reason to do it.
    I'm using this premise because I seem to recall a real world case (that I, of course, can't find anywhere anymore) in which a woman was saddled with the debts her dickhead husband got. I just remember the broad strokes of it.

    I just don't want to go into it too deeply, story wise, I'm just looking for something quick and dirty. My writing is kinda on the light side, so there isn't really a place for court proceedings and detailed divorce paperwork. On top of that, it's just a flashback chapter that's supposed to explain how she got where she is now.

    That was my first solution. Well, half of it, anyway. I figured I'd just have him shoot himself. Considering the preceeding events, it wouldn't have been that strange. But now I kinda need him for a bit later.
     
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  10. Wreybies

    Wreybies Thrice Retired Supporter Contributor

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    I get that you're going for levity, so perhaps a bit of the absurd is right on the money, but sticking her with a debt he incurred is not really likely. Mississippi is not a community property state. She could just not pay. If the debt is in his name, his credit rating is the victim, not hers. Some debts are usually handled in a specific way. If it's a credit card where her name is not present anywhere, his sole account, she's not going to be stuck with that. A mortgage in a contested situation is remedied by sale of the home to cancel the debt. Again, Mississippi is not a community property state, so she can't be stuck with his medical debts either. A car loan is the stickiest situation, and there's no clean answer on that.

    ETA: Community Property States in the U.S.:
    • Arizona
    • California
    • Idaho
    • Louisiana
    • Nevada
    • New Mexico
    • Texas
    • Washington
    • Wisconsin
     
  11. Bakkerbaard

    Bakkerbaard Contributor Contributor

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    Okay. So, let me just check if I'm reading you right. What I think you're saying is: No, in the actual world she can basically not be made responsible for his debts, but you could get away with writing it if you don't go too deep into it.

    That's what I hope, anyway. Since that saves me reworking something I didn't really know much about in the first place.
    Write what you know, right? ;o)
     
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  12. Cdn Writer

    Cdn Writer Contributor Contributor

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    Currently Reading::
    TRYING (!!!) to read Eric Flint's "Ring of Fire" series.......it's soooo many books!!!!!
    It may not be the case in the USA but in Canada, in a marriage debts that are incurred during the marriage are the responsibility of both partners. I'm sure there are legal exceptions but I'm not a lawyer so no idea how that works.

    The big problem for most women when they divorce is that they don't have credit in their own names because all the debt and re-payments are in the husbands name. They have a devil of a time establishing their own credit ratings.

    Why this happens.....no idea because every time I have bought a house, the bank is always anal about getting all the signatures on the paperwork. If there was a husband and a wife, both names would be on the paperwork before a mortgage was approved.

    Scott
     
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  13. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

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  14. Bakkerbaard

    Bakkerbaard Contributor Contributor

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    Around me, google is more like the neighbour that will lend you a cup of sugar, no problem, but sometimes plays Cotton Eye Joe really loud at 2am.

    But I've got the ground for the divorce down already. It was just a matter of how to get her to sign the papers.
    I've made a few people read it without telling them why and none of them tripped over that particular bit, so I'm just leaving it for now.

    Thanks though.
     

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