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No fault divorce laws in Mississippi

In most states, fault divorce isn't even considered a legal filing anymore. And while most divorcing couples in these states will opt for the less confusing counterpart, no fault divorce, fault divorce is still an option in some states, including in nearby Louisiana. However no fault divorce is certainly the more common way to file for divorce. So what does it mean to file for divorce based on no fault?

Essentially, filing for divorce in this way means that those filing for divorce do not have to allege or prove any specific wrongdoing on the part of your spouse in order to get a divorce. The divorcing spouses would, ultimately, only have to demonstrate to the court that you and your spouse have "irreconcilable differences," and further attempts to preserve the marriage would be futile. This is different from fault divorce in which a spouse may allege that the divorce is the result of the other spouse's 'fault', and thus proving their fault would be important to the final divorce decree. It could affect the marital property split, child custody and other issues that ultimately need to be decided prior to completing the divorce process.

Even if you are filing for a no fault divorce, the grounds for the divorce could be varied and detailed. Most will opt for 'irreconcilable differences' which is a vague way of saying that you and your spouse no longer get along. However, there are more detailed ways to describe the reasons for your divorce. Other grounds for divorce include: Adultery, cruelty or violence, willful desertion, drug/alcohol addiction, natural impotency, incurable insanity, pregnant at time of marriage, conviction of crime, prior marriage undissolved, and in line of consanguinity. Keep in mind that divorce filings are public information, so if you were to file under any of these grounds, it would be a matter of public record.

To keep matters more private, most opt for the vague 'irreconcilable differences.' However, it may be necessary to file under drug/alcohol addiction, or adultery, if it is important to how the rest of the divorce proceedings will go. There is no wrong ground, some are simply more descriptive than others. What filing is best for you depends on your individual situation and desired outcome.

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