Irreconcilable differences and fault-based divorce are the two paths to a divorce in Mississippi. Law Offices of Mel Coxwell can help with your case.
What is Considered Divorce in Mississippi?
In Mississippi, a divorce is the legal termination of a marriage, ending the marital rights and obligations between the spouses. Divorce proceedings in Mississippi require one spouse to file a complaint with the court, detailing the grounds for divorce and the relief they seek, which could include asset division, alimony, child custody, and support.
The process not only dissolves the marital bond but also involves legal rulings on financial matters and child-related arrangements, ensuring that each spouse’s rights and responsibilities are addressed.
Mississippi law categorizes divorce into two primary pathways: no-fault and fault-based. No-fault divorce occurs when both spouses mutually agree to end the marriage without assigning blame, while fault-based divorce requires one spouse to prove that the other is at fault for the marital breakdown. Understanding these categories is crucial, as they dictate the requirements, procedures, and potential challenges involved in the divorce process.
No-Fault and Fault-Based Divorce in Mississippi
Mississippi allows for both no-fault and fault-based divorces, each with distinct requirements and implications. A no-fault divorce in Mississippi is based on “irreconcilable differences,” meaning both spouses agree that the marriage cannot be repaired and wish to end it amicably. This type of divorce requires mutual consent, and spouses must file a joint complaint. No-fault divorces are generally quicker and less costly, as they avoid the need for proving wrongdoing.
Fault-based or contested divorce, on the other hand, requires one spouse to prove that the other is responsible for the breakdown of the marriage. Mississippi recognizes specific grounds for fault-based divorce, such as adultery, habitual drunkenness, or desertion for at least one year. In fault-based cases, the accusing spouse must present evidence of the alleged fault, which often involves more complex legal proceedings and can prolong the divorce process. While fault-based divorces can lead to longer proceedings, they may also impact the division of assets and alimony, particularly if the fault significantly contributed to the marriage’s breakdown.
Pros and Cons of No-Fault and Contested Divorce in Mississippi
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’ can be the better 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, 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.
Can an Attorney Help?
Divorce is a complex legal process, and it is advisable to seek guidance from an experienced family law attorney in Mississippi. At Law Offices of Mel Coxwell, 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 to set up an initial consultation.