Mississippi Complaint for Divorce and Motion for Temporary Relief is a legal document filed in Mississippi state courts by a spouse who is seeking a divorce from his or her partner. The complaint states the grounds for the divorce, such as irreconcilable differences, adultery, abandonment, and cruelty. It also asks the court for temporary relief, which may include orders for child custody, child support, alimony, and exclusive use of the marital home. The complaint also requests a final decree of divorce. There are two types of Mississippi Complaint for Divorce and Motion for Temporary Relief: no-fault and fault-based. A no-fault divorce is one in which the spouses have agreed to separate and do not require a court to prove any fault or wrongdoing. A fault-based divorce is one in which the court must prove one spouse’s fault or wrongdoing in order to grant the divorce.
Mississippi Complaint for Divorce and Motion for Temporary Relief
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FAQ
In lieu of participating in the oral examination, parties may serve written questions on the party taking the deposition, who shall propound them to the witness and See that the answers thereto are recorded verbatim.
A party moving for relief pursuant to Rule 60(b)(1) based upon fraud, misrepresentation or other misconduct of an adverse party must do so within six months after entry of the judgment and must prove the fraud, misrepresentation or other misconduct by clear and convincing evidence.
Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application.
The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.
Temporary orders are valid and enforceable until they are either changed by the Court based on an amended motion for temporary orders, or on a motion for additional temporary orders. All temporary orders are in effect until a final order is entered by the court.
Rule 65 authorizes parties to seek temporary restraining orders (TROs) and preliminary injunctions in civil cases in which permanent injunctive relief or other relief is being sought.
The temporary hearing is where the court decides who will live in the marital residence, who will pay which bills, who will have custody, what the visitation will be, how much child support and alimony (if any) will be paid, and so forth while the case is pending.