Facts about a divorce based on irreconcilable differences

| Apr 15, 2021 | Divorce |

When a Mississippi couple has reached the point in their marriage when they no longer feel it can continue, divorce is a difficult but necessary choice. Even when the couple chooses to call it quits and is doing so in a relatively agreeable manner, there are legal issues to think about. Many might be under the mistaken impression that a divorce for irreconcilable differences is a simple way to end the union. It can be, but there are factors that the parties must be aware of from the start. For assistance, it can be essential to have professional guidance to avoid any missteps.

Irreconcilable differences and how it impacts the divorce process

Claiming irreconcilable differences saves the couple from giving a specific reason as to why they are getting divorced, but there are other aspects to think about. The husband and wife must file a joint complaint to use this type of divorce. For many, this is a sign that the divorce is relatively amicable and they can agree on fundamental considerations that inevitably arise as part of a family law case – specifically child custody, child support and property division. As part of an irreconcilable differences case, the agreements regarding these issues can be incorporated into the settlement.

Many couples are unable to come to an agreement on these issues, but still want to divorce due to irreconcilable differences. If that is the case, the court will determine custody, maintenance and how to split property. If the couple agrees to let the court make this decision, it must do so in writing, sign it and state that they accept the court’s decision. Once the court makes its decision, it is binding. Prior to the divorce for irreconcilable differences being heard, it must be on file for 60 days. Should one spouse contest or deny the claim of irreconcilable differences, then it cannot be used as the justification for a divorce.

Even cases where the parties agree to split may require legal help

In a contested divorce, there are grounds that must be presented to the court. They include drug addiction, alcohol addiction, adultery, cruelty, domestic abuse, one spouse being incarcerated, bigamy, incest and other reasons. For a case with irreconcilable differences, it is generally less complicated, but there will still be fundamental requirements that must be met. For help with handling the litany of challenges that may come up as part of a divorce or any other area of family law, having professional advice could be essential.