Legal Question in Family Law in Mississippi

divorce

when you file for divorce, and then change your mind not to, how long a time spand has to go by before you are able to file again. my husband won't give me a divorce, he will only if i give up custody to our 3yr old daughter. and i will never do that. when i filed first, my lawyer filed cruel and inhuman treatment, but i have no way to prove that. how do i get my divorce. i feel that he knows that i will get our daughter if it was left to a custody battle, and he doesn't have to fight me for her if he doesn't give me a divorce. please help!


Asked on 5/23/05, 6:16 am

1 Answer from Attorneys
Jan Butler Jan R. Butler

Re: divorce

If you don't have grounds for divorce you can not get a divorce. However, you can sue for custody and child support. If you don't have grounds you must wait him out. There is no waiting period for filing. However, don't refile if you don't have grounds for divorce. A "no-fault" divorce requires both parties to agree to the divorce, custody, support, and property settlement.

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Answered on 5/23/05, 8:11 am


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