Monday, December 21, 2009

Methods of Divorce in Mississippi

In Mississippi there are two ways to get a divorce: (1) Irreconcilable Differences (a/k/a “No Fault”) divorce; and, (2) Contested or Fault-based Divorce.

1. Irreconcilable Differences Divorce

What we call the Irreconcilable Divorce ("ID") in Mississippi may be proper where both spouses agree that their marriage is irretrievably broken and they want a divorce as quickly as possible for the least amount of expense. An ID divorce is proper only if both spouses agree to be divorced on this basis. As long as both parties consent to this type of divorce, any remaining issues relating to property distribution and/or child custody terms may be submitted to the court upon consent of the parties. However, inability to reach an agreement relating to child custody, child support or property distribution is a common reason this type of divorce may be unavailable to some divorcing couples in Mississippi.

Another thing to remember is that, under Mississippi's ID statute, parties seeking an ID divorce must wait Sixty (60) days from the time the Complaint is filed or served before the divorce can be finalized.

2. Contested Divorce

The other method for obtaining a divorce in Mississippi is the fault-based grounds divorce. A Mississippi contested or fault-based divorce alleges adultery or other marital misconduct and is proper where no agreement relating to the divorce, custody or economic issues can be reached. The twelve (12) grounds for seeking a fault-based divorce in Mississippi include:

(1) Natural Impotency;
(2) Adultery;
(3) Incarceration;
(4) Desertion;
(5) Habitual drug use;
(6) Habitual drunkenness;
(7) Habitual, cruel and inhuman treatment;
(8) Insanity at time of marriage;
(9) Bigamy;
(10) Pregnancy of wife at the time of marriage;
(11) Kinship within the prohibited degree;
(12) Incurable Insanity.

These grounds may be alleged individually or in combination depending on the facts of the case. A party seeking divorce on one or more of these grounds will have to prove their case in court before a chancellor. The standard of proof will vary based on the ground alleged and witnesses and/or other corroborating evidence will be necessary to prove your case. During this type of divorce proceeding, the chancellor will also hear evidence relating to child custody and/or support issues and property distribution. After presentation of your case, the court will render a judgment deciding these issues.



2 comments:

  1. Good and informative post about divorce in Mississippi.

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