NO FAULT DIVORCE

Mississippi allows divorce based upon proof that the marriage is irretrievably broken (i.e., when irreconcilable difference” exist). This is known as an irreconcilable differences divorce. However, may people are surprised to learn that an irreconcilable differences divorce is only available if both spouses are in agreement to get divorced. Therefore, either spouse may block an irreconcilable differences divorce simply by refusing to agree that the marriage is irretrievably broken.

The requirements for obtaining a no-fault divorce under Mississippi law are:

• Personal Jurisdiction — The court must have personal jurisdiction over the parties. This is shown through the filing of a joint complaint of the husband.

• Consent — Both parties must voluntarily consent to a divorce based upon irreconcilable differences.  However, consent can be withdrawn before the divorce is final.

• Timing — A complaint for irreconcilable differences must be on file for sixty days before a divorce can be granted.

• Submission Requirements —Parties can agree to all terms of the divorce and submit said agreement to the Court for approval.  Parties can also agree to a divorce for irreconcilable differences but reserve specific issues for resolution by the court.  The agreement must be in writing and follow statutory guidelines.

• All Matters Must be Resolved Prior to a Divorce — All matters including, custody, child support and property rights must have been agreed upon and found adequate prior to a granting of a divorce. All disputed differences must be resolved by the court prior to granting a divorce.

• Proceedings —In a joint complaint on the grounds of irreconcilable differences, no proof or testimony is necessary. If attorneys are involved they must appear to obtain approval and respond to any questions.

• Judgment — A court is not required to make specific findings of fact, unlike in a contested divorce action.  The court must only find that the provisions are adequate and sufficient.

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Our lawyers have experience handling divorce cases throughout Mississippi. Contact us online or call our office locally at 601-957-3101 to discuss your specific situation.