How Do You File For Divorce For Irreconcilable Differences?

Going through a divorce can be one of the most challenging periods in a person’s life. It’s a time filled with emotional stress and legal procedures. At The Law Offices of Rusty Williard, we believe in making the legal parts as clear and straightforward as possible.

This guide is designed to walk you through the process of filing for a no-fault divorce in Mississippi with a focus on irreconcilable differences. A no-fault divorce is one of the simplest ways to end your marriage, but it requires cooperation from both sides.

If you have specific questions about your unique circumstances, call our Brandon, MS office today.

What is a No-Fault Divorce?

A no-fault divorce in Mississippi means that neither spouse is directly blaming the other for the breakdown of the marriage. Instead, the couple agrees that they cannot get along anymore, and there’s no reasonable hope of reconciliation. Before you can file for divorce in Mississippi, at least one spouse must have lived in the state for at least six months. This rule ensures that Mississippi courts have the authority to handle the divorce.

Starting a No-Fault Divorce: What You Need to Know First

When you want to get a divorce without blaming the other person, there are a few important factors to think about first. You and your partner need to agree on things like how your belongings will be split, who the kids will live with, and how you’ll support each other financially. If you can’t agree on these issues, a judge will have to decide for you.

Do I Need a Lawyer for a No-Fault Divorce?

You can go through a divorce on your own, but it can get really complicated. Family laws can be tricky, so having a lawyer can be a big help. At The Law Offices of Rusty Williard, we can give you advice, make sure your rights are protected, and help you deal with any disagreements that come up.

How to File for No-Fault Divorce in Mississippi

The first step is to submit a divorce request at the local court in the county where you or your spouse live. If your spouse lives in another state, you need to file in your own county. There are also several special situations to consider before you file. For instance:

  • Pregnant Couples: Mississippi has a specific rule for couples seeking a divorce when the wife is pregnant. The divorce process is paused until after the baby is born, which allows the court to make informed decisions about child support, custody, and other issues affecting the child.
  • Child Support: When children are involved, their well-being is the top priority. Mississippi courts focus on what’s best for the child when deciding custody and support. To do this, the court will look at each parent’s living situation, relationship with the child, and their ability to provide care. Child support payments are calculated based on the parents’ incomes, the needs of the child, and a few other factors that ensure the child is well taken care of.
  • Splitting Up Property and Debts: In a divorce, assets and debts need to be split up between the spouses. Mississippi uses equitable distribution, which means the division is fair but not necessarily equal. The court considers many factors, including each spouse’s financial situation, the contributions they made to the marriage, and their future needs.
  • Mediation: If you and your spouse can’t agree on these important issues, you might go through mediation. This is when a neutral person (the mediator) helps you both find a solution you can agree on, which can help avoid a lengthy court battle. If your relationship has become contentious (which is common for divorcing spouses), you won’t have to meet or talk with your partner directly. The mediator can work with your experienced divorce attorney.

Default Judgments: What Happens if a Spouse Doesn’t Respond?

When one person asks for a divorce, and the other doesn’t respond, the court can make a decision without hearing from the uncooperative spouse. This is called a default judgment. The spouse who filed must make sure the other spouse knows about the divorce through official documents (like a summons) that are delivered in person or by mail.

After being notified, the other spouse has 30 days to respond. If they don’t respond within this period, the filing spouse can move forward without their input. The spouse who filed must ask the court to proceed without the other’s response, which usually involves submitting more paperwork.

If the court is satisfied that the non-responding spouse was properly notified and still didn’t respond, it may grant the divorce through a default judgment. This means the divorce can be finalized based on what the filing spouse has asked for, within reason, especially concerning property division, child custody, and support.

Important Considerations in Default Judgments

  • Fair Warning: It’s important that the non-responding spouse is given fair notice of the divorce proceedings. The court takes steps to ensure this and to prevent a default judgment from being unfair.
  • Legal Procedures Matter: Following the correct legal procedures carefully is the most important part. If steps are missed or done incorrectly, it might delay the process or affect the outcome. This is where a divorce attorney can really help.
  • Last Resort: A default judgment is more like a last resort when one spouse won’t or can’t participate in the divorce process. Courts prefer both spouses to have their say, if possible.

Call The Law Offices of Rusty Williard Today

Navigating a divorce is never easy, but understanding the process can make it less stressful and emotional. If you’re considering a no-fault divorce in Mississippi due to irreconcilable differences, it’s important to seek legal advice tailored to your situation.

If you need guidance or representation, The Law Offices of Rusty Williard is here to help. With our focus on clarity, compassion, and professionalism, we can make this difficult time a little easier. For more information or to discuss your case, feel free to call (601) 824-9797.