In Mississippi
there is no such thing as a “no fault” divorce. Instead, there are two ways to
obtain a divorce: Irreconcilable Differences or by proving fault-based grounds.
An Irreconcilable Differences divorce requires the agreement of both parties.
It is granted based on proof that the marriage is irretrievably broken as well
as the couple’s agreement that they have irreconcilable differences and should
be granted a divorce.
In order for the
court to grant an Irreconcilable Differences divorce, a pleading requesting the
divorce must be on file with the Chancery Court for sixty (60) days, and the
parties must agree on all issues or must agree in writing to submit issues for
the court to decide.
It is important to
remember that a divorce will not be granted until all issues regarding custody,
child support, and property between the parties have been agreed upon and those
agreements are found to be adequate and sufficient by the court.
Please contact our office at (228) 205-0506 for further information or to request a free consultation.
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