A no-fault divorce is a type of divorce where neither spouse needs to prove that the other person did something wrong. In other words, you don’t have to prove the other spouse was at fault for the marriage breaking down. This contrasts with an at-fault divorce, where you would have to provide evidence of wrongdoing like infidelity, cruelty, or abandonment.
Unfortunately, Mississippi does not have no-fault divorce. In order to get a divorce in Mississippi, one spouse must file based on fault grounds or the parties must file on the ground of irreconcilable differences. Irreconcilable differences divorce in Mississippi is not the same as no-fault divorce, but it is the most similar to a no-fault divorce. With an irreconcilable differences divorce, the spouses agree that their marriage has broken down and cannot be saved, and they can no longer live together as a married couple.
How Does the Process Work?
The process of filing for an irreconcilable differences divorce (sometimes also called an uncontested divorce) in Mississippi is relatively straightforward, but there are important steps to follow:
- Agreement on Terms
The first step is for both spouses to discuss and decide how to divide their property, assets, child custody, and other issues. These discussions can happen before or after one spouse has retained an attorney. It is best practice for both spouses to get the agreement in writing if possible.
- Hiring an Attorney
The next step is for one spouse to hire an attorney to prepare the legal paperwork. Because a divorce based on irreconcilable differences is an uncontested divorce, both spouses do not need to hire an attorney. Of course, both spouses can hire an attorney if they both would like legal counsel to provide another set of eyes on the documents, but the divorce documents will only be prepared and filed by one spouse’s attorney. If you are considering an irreconcilable differences divorce, make sure that you are hiring an attorney that is licensed in the state where you live. It is illegal for a paralegal or anyone else who is not an attorney to prepare your divorce documents for you, so make sure that you are hiring a licensed attorney. Your attorney will ask you questions about your situation, your children, and your property, and will prepare the divorce documents based on the agreement that you’ve reached with your spouse.
- Filing the Complaint
To begin the legal process, one spouse’s attorney will file a complaint for divorce in the chancery court. Typically both spouses will join in the complaint together. The complaint will state that the divorce is based on irreconcilable differences and will state that the parties have reached an agreement for division of property, custody of children, alimony, and child support.
- Waiting Period
After the complaint and other supporting documents have been filed, there is a 60-day waiting period after the complaint is filed before the divorce can be finalized.
- Finalizing the Divorce
Once the court has reviewed all the necessary paperwork and the written agreement for division of assets, property, child custody, and child support, the court will issue a final judgment of divorce. At that point, the divorce is official, and the marriage is legally dissolved.
Benefits of an Irreconcilable Differences Divorce in Mississippi
There are several advantages to opting for an uncontested divorce in Mississippi, including:
- Simplicity: Divorces based on irreconcilable differences are often quicker and less complicated than fault-based divorces. You don’t need to prove misconduct or wrongdoing, which can be time-consuming and stressful.
- Lower Cost: Since uncontested divorces generally don’t involve lengthy trials or evidence-gathering, they can be less expensive.
- Less Conflict: these types of divorces are often smoother because both parties agree that the marriage has broken down and don’t need to assign blame.
An irreconcilable differences divorce in Mississippi offers a practical solution for couples looking to end their marriage without the need for lengthy disputes or proving fault. While the process can still be emotionally challenging, an uncontested divorce is typically quicker, less expensive, and more amicable than a fault-based divorce. If you’re considering divorce in Mississippi, it’s advisable to speak with an experienced family law attorney to understand your options and navigate the legal requirements effectively. Call us today to schedule your consultation and learn about your options for divorce!