Can I divorce over irreconcilable differences in Mississippi?

| May 5, 2020 | Divorce |

For many Mississippi couples who are in a struggling marriage, no specific issue is the catalyst for the divorce. For example, many cases in which a couple parts ways are related to abuse, infidelity and other clearly defined factors. However, some want to part ways due to irreconcilable differences. While in many states, that is sufficient, Mississippi has a different method of assessing these cases under the law. It is still possible to get a divorce for this reason.

There can be a divorce for irreconcilable differences – also referred to as “no-fault” – if the husband and wife file a joint complaint. It can also be granted if the defendant in the case was served with the process or gave a written waiver of process. If the sides agree that they have irreconcilable differences and can negotiate reasonably about other issues in the case – child custody, support, property division – and the court decides that the agreement is sufficient, it can be added to the judgment of divorce.

For couples who cannot agree or the agreement is not considered sufficient, there can still be a divorce for irreconcilable differences, but the court will decide on child custody, support and more. The case will not be heard unless it has been on file for 60 days. Once the criteria are met for there to be a divorce for irreconcilable differences, there will be no need for testimony or proof as to the issues in the divorce. If, however, one party contests the divorce, it cannot be granted based on irreconcilable differences. It can be granted if the contesting party withdraws or cancels the contest. For couples who meet these requirements, irreconcilable differences are all that is needed for a divorce.

Not every family law case is based on incidents or issues that must be specified. Couples who have agreed to part ways can do so through the no-fault process. It may be more amicable than a divorce in which the sides are in constant disagreement or cannot negotiate various parts of the case. Regardless of the situation, a family law firm may be able to help to address the various issues and determine which type of divorce is preferable.