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What is the law for no-fault and fault divorce in Mississippi?

On Behalf of | Nov 27, 2019 | Divorce, Firm News |

There are important aspects of the law that should be understood when contemplating divorce. In most states, the divorce process is “no-fault.” This means that the baseline will be that the couple has “irreconcilable differences” and nothing more needs to be said or shown to be granted a divorce. To use this designation, the couple must have resided in the state for a minimum of six months. This is a relatively easy way to get a divorce without contentious and extended disputes. The parties will usually agree on most issues and negotiate those that are more complex. After 60 days of the case being filed, the court reviews any agreement and can then grant the divorce. If there are still matters in dispute, the court can make decisions on how to settle them.

A more complicated way to get a divorce is a “fault” divorce. This happens when one spouse wants a divorce and the other contests it. To get a fault divorce, one of the following must be shown: there is natural impotency; adultery has taken place; the spouse was convicted and incarcerated; there was desertion for at least one year; the spouse is habitually drunk or abuses drugs; there has been cruel or inhuman treatment; the spouse was insane when they got married; there was a marriage already in place with another person; the bride was pregnant when the couple got married and the groom was not the father; incest had taken place; and there was incurable insanity.

The party who files is burdened with proving the grounds for the divorce. Before taking the necessary steps to get a divorce, it can be essential to have a grasp of how the law handles divorce cases.