Venue

Venue means the county that will hear your divorce. Venue is very important because different chancellors have different interpretations of our laws that may be beneficial or harmful to your case. Chancellors do not always follow the law to the letter, because they may not understand the law or they may know that in certain instances an appeal is impractical or too expensive. I am very familiar with all of our local chancellors, and there are some that I would prefer to hear your case than others. Some know and follow the law, but others have no real grasp of what being fair and equitable means. We have many good judges, but we also have many bad judges. We have many hard working judges, but we also have many lazy judges.

Basically, all divorce complaints, except those based solely on the ground of irreconcilable differences, must be filed in the county in which the person filing first lives if the spouse lives out of state or is absent from the state. However, if your spouse is also a resident of Mississippi, the complaint will be filed in the county in which he or she resides or may be found, or in the county where you and your spouse lived at the time of separation, so long as the person filing is still a resident of that county.

A complaint for divorce based solely on the grounds of irreconcilable differences can be filed in the county of residence of either party if both parties are residents of this state. If you or your spouse is not a resident of this state, the complaint shall be filed in the county of the person living in Mississippi.

 


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