An irreconcilable differences divorce, also known as an uncontested divorce, is outlined in MS Code § 93-5-2. With this type of divorce, neither spouse must prove that the other spouse had any fault to obtain the divorce. Rather, one spouse asserts that the differences in the marriage have become so irreparable that there is no possibility of reconciliation. Irreconcilable differences may be asserted as a sole ground for divorce or as an alternate ground for divorce.
To obtain an irreconcilable differences divorce, one of the parties is required to have been a resident within the state of Mississippi for six months preceding the commencement of the divorce. Next, there are three options to begin the process: (1) the spouses must either file a joint complaint; (2) one of the spouses must file a complaint where the other spouse has been personally served with process; or (3) one of the spouses must file a complaint where the other spouse has entered an appearance by waiver of process (which essentially means that this spouse is consenting to the court’s authority to have jurisdiction over them). Once the complaint is filed, there is a sixty-day waiting period before a proposed order can be submitted and entered by the Court granting the divorce.
In addition, the parties can provide a written agreement for the custody and maintenance of any children of that marriage and for the settlement of any property rights and financial holdings between the parties. This agreement may be incorporated in the final judgment for divorce. However, if the parties cannot come to an agreement on these matters, both parties can provide written, signed consent that permits the court to make a binding judgment on these issues.
Many people choose the option of an irreconcilable differences divorce because it has many benefits, such as being less expensive, less prolonged, and more private than a contested divorce or fault-based divorce. This option promotes a lower level of conflict between spouses and avoids putting the intimate details of a marriage on public display.
If you and your spouse are in agreement over the need for a divorce and the split of property but need guidance through the legal process, we are here to help make the process as smooth and efficient as possible. Contact us to set up your FREE CONSULTATION to review the issues and discuss your questions.
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