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How do irreconcilable differences impact my divorce?

On Behalf of | Oct 31, 2019 | Divorce, Firm News |

There are many reasons for Mississippi residents to decide they should end their marriage and get a divorce. For many, however, there is no one specific issue in dispute. They will have certain problems that they cannot bridge and believe that it is preferable to move on. This can be referred to simply as irreconcilable differences. While this is a viable justification to get a divorce and the courts will allow it, it is important to understand the law before moving forward with a case. It is also beneficial to have legal advice.

There can be a divorce for irreconcilable differences if there is a joint complaint on the part of both spouses or a complaint in which the defendant was served with a process or there was an appearance by written waiver. Except in cases where there was a joint complaint, an appearance or a written waiver, the complaint must have been on file for 60 days prior to it being heard. The couple can be granted a divorce for irreconcilable differences unless it is contested or denied. If there is a contest or denial, the divorce can be granted if it is subject to cancellation or withdrawal.

If there are children from the marriage, there are different requirements with irreconcilable differences. The couple must have a written agreement regarding maintenance and custody and property division must be settled. If the court finds this is sufficient, it will allow it. When the parties cannot agree on these concerns, they can still get a divorce based on irreconcilable differences and let the court come to a decision on these issues. Written consent must be provided.

Divorce is rarely easy. When emotions have reached a breaking point and the dispute in a marriage is too much to continue, then perhaps it is better for the sides to move on. When there are no specific reasons for the divorce, irreconcilable differences are an option. When dealing with divorce legal issues and determining if this is the way to move forward, having legal advice from an experienced family law firm can be useful to seek a resolution.