House Bill 1522

(As Passed the House)

AN ACT TO AMEND SECTION 93-5-11, MISSISSIPPI CODE OF 1972, TO REQUIRE CHANCELLORS TO TRANSFER DIVORCE COMPLAINT FILED IN AN IMPROPER COUNTY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 93-5-11, Mississippi Code of 1972, is amended as follows:

93-5-11. All complaints, except those based solely on the ground of irreconcilable differences, must be filed in the county in which the plaintiff resides, if the defendant be a nonresident of this state, or be absent, so that process cannot be served; and the manner of making such parties defendants so as to authorize a judgment against them in other chancery cases, shall be observed. If the defendant be a resident of this state, the complaint shall be filed in the county in which such defendant resides or may be found at the time, or in the county of the residence of the parties at the time of separation, if the plaintiff be still a resident of such county when the suit is instituted.

A complaint for divorce based solely on the grounds of irreconcilable differences shall be filed in the county of residence of either party where both parties are residents of this state. If one (1) party is not a resident of this state, then the complaint shall be filed in the county where the resident party resides.

If a complaint is filed in an improper county, the chancellor shall transfer the complaint to the proper county. The expenses of the transfer shall be borne by the plaintiff.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.