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Mississippi Family Law Attorneys

METHODS OF OBTAINING A DIVORCE IN MISSISSIPPI

Under Mississippi law, there are 3 methods for obtaining a divorce:

Irreconcilable Differences--Sometimes referred to as "no fault," this method is usually the least expensive and least stressful. To receive a divorce on this ground, the parties must agree to the divorce and must reach a written agreement providing for the custody and maintenance of their minor children and dividing their property and debts. After filing a complaint for divorce on the ground of irreconcilable differences, there is a 60 day waiting period before the court may grant the divorce.

Irreconcilable Differences with Contested Issues--If the parties agree to the divorce on the ground of irreconcilable differences divorce but are unable to agree about custody and maintenance of their minor children or how to divide their property and debts, they may consent to a divorce on the ground of irreconcilable differences and permit the court to decide the issues upon which they cannot agree. This method is normally the second least expensive and stressful to the litigants.

Fault Grounds--If the parties are unable or unwilling to obtain a divorce by one of the irreconcilable differences methods, then one party may sue the other for divorce on one of the recognized "fault grounds" mentioned below. Under this procedure, the accusing party must prove by a preponderance of the evidence that the defending party is guilty of the fault grounds alleged. This method is usually the most expensive and most stressful to the litigants and can be drawn out for an extended length of time. It is not uncommon, however, for a complaint for divorce to be filed on a fault ground and later compromised and settled on the ground of irreconcilable differences. The 12 fault grounds for divorce under Mississippi law are:

1. Habitual cruel and inhuman treatment
2. Adultery
3. Being sentenced to any penitentiary, and not pardoned before being sent there
4. Desertion for one year
5. Habitual drunkenness
6. Habitual and excessive use of opium, morphine or other like drug
7. Natural impotency
8. Insanity or idiocy at the time of marriage, if the party complaining did not know of such infirmity
9. Marriage to some other person at the time of the pretended marriage between the parties
10. Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of such pregnancy
11. The parties being related to each other within the degrees of kindred between whom marriage is prohibited by law
12. Incurable insanity

Mississippi Family Law Attorneys serving all of Central Mississippi including Madison, Rankin, Hinds, Yazoo, Holmes, and Leake Counties in the areas of divorce, child custody, child support, child visitation, property division, alimony, annulment, paternity, grandparent visitation, adoption, guardianships, conservatorships, estate probate, and appeals.


John Robert White, P.A., 1052 Highland Colony Parkway, 100 Concourse Building, Ridgeland, Mississippi 39157 Toll Free (866) 605-9811 Tel: (601) 605-9811 Fax: (601) 605-9836

Mississippi Divorce Law | Mississippi Child Support Law | Mississippi Division of Marital Assets | Mississippi divorce attorney

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