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The Two paths to a Divorce in Mississippi

by | Feb 9, 2024 | Child Custody, Divorce, Property Division

If there are two separate paths to the same spot, one being relatively smooth and straightforward, and the other rocky and stressful to navigate – most people would choose the first.  Divorce is never a pleasant process but if possible, getting a divorce based on ‘irreconcilable difference’ is the best option.

But, there is a catch, in that both the husband and wife must agree that they want an irreconcilable differences divorce, as well as also agreeing on child custody, child visitation and child support, and the division of assets.  With those agreements in place, you and your spouse can be divorced 60 days after filing a complaint.

Without that agreement, you must have a recognized fault ground to obtain a divorce in Mississippi. And it doesn’t matter how unreasonable a party is in refusing to agree. They cannot be made to agree or cooperate in an irreconcilable differences divorce. Trying to force anything while proceeding under irreconcilable differences divorce is like trying to push someone with a rope. It doesn’t work.

If you cannot reach an agreement and you have grounds, you can obtain a divorce regardless of what your spouse wants. Now, it is a fight, and it is often unpleasant – but it may be your only way to proceed.  Even if you have to start with a fault ground there is hope that you can switch to an irreconcilable differences divorce; so, it is typically pled as an alternative ground for divorce in the complaint.  That way, if an agreement is reached during the litigation, the parties can quickly drop their fault grounds, and proceed with an irreconcilable differences divorce. As long as 60 days have passed from the filing of the complaint, the parties can be divorced within days of reaching such an agreement.

Divorce is a complex legal process, and it is advisable to seek guidance from an experienced family law attorney in Mississippi. I can assess your case, gather evidence, represent you in court, and protect your and your children’s best interests throughout the process. Please contact my office at 601-825-3124 to set up an initial consultation.