When filing for divorce in Mississippi, the filing spouse must identify the “ground” (reason) for the request. Mississippi recognizes fault and no-fault grounds for divorce.
What Are The Grounds for a ‘No-Fault’ Divorce in Mississippi?
The only “no-fault” ground for divorce in Mississippi is “irreconcilable differences,” meaning that the spouses can no longer get along, and there’s no reasonable chance of reconciliation.
To obtain a divorce based on irreconcilable differences, spouses must agree that those differences exist, according to Mississippi law. If one doesn’t agree, the spouse seeking the divorce must prove that the other spouse committed one of the recognized “fault” grounds. (Note also that no-fault divorces have a 60-day waiting period before the court will hear the case.)
No-fault divorces aren’t necessarily uncontested divorces. Through the negotiations, spouses will typically address other issues, such as alimony, property & debt division, child custody, and child support.
If the spouses can reach an agreement, the court will enter a divorce judgment, including those terms. If spouses can’t agree, the court will have to decide those issues for them through a trial. Once the court decides, it will grant the divorce based on irreconcilable differences.
In most cases, no-fault divorces are a more expedient form of splitting up.
Mississippi Fault-Based Grounds
A judge may grant a fault-based divorce if a spouse is proven of the following:
- Natural impotence
- Adultery (unless specific stipulations are met)
- is sentenced to any state prison/jail without pardon
- One year of desertion
- Habitual drunkenness
- Excessive drug use
- Domestic abuse
- An unknown mental or intellectual disability surfaces
- was already married to someone else
- was pregnant by someone else, and the other spouse did not know about the pregnancy
- Spousal relation
- Incurable mental illness (under specific stipulations)
If you are heading towards a split from your spouse, it’s important to have the right representation on your side. Clients across Jackson and Brandon trust The Law Offices of Rusty Williard with these important decisions. Call (601) 824-9797 to learn more and schedule a free consultation.