What Does No-Fault Divorce In Mississippi Really Mean? The Answer May Surprise You!

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The state of Mississippi offers both fault and no-fault divorce, but these terms may actually mean something different than what you'd expect. The no-fault divorce law in the state of Mississippi is actually a specific modification of no-fault law called "Irreconcilable Differences." While the terms no-fault and irreconcilable differences are sometimes used interchangeably, they are actually quite different as it pertains to divorce in the state of Mississippi. Read on to find out exactly what a no-fault divorce in Mississippi really means.

What is a True No-Fault Divorce?

In a true no-fault divorce, only one person has to prove that the marriage cannot be repaired to be granted the divorce. This means that it is only necessary for one person to actually want the divorce in a true no-fault divorce. 17 different states (plus the District of Columbia) have the true no-fault divorce rule, but Mississippi is different. While Mississippi is technically a no-fault state, it is not a true no-fault state because it uses the irreconcilable differences law.

How Does Irreconcilable Differences Work?

According to the irreconcilable differences law in Mississippi, both of the spouses must agree to divorce. In the state of Mississippi, one person proving that the marriage is irreparable just isn't enough. The judge will not even consider an irreconcilable differences divorce unless both spouses consent to divorce.

In addition to agreeing to divorce, people who are granted irreconcilable differences divorces in Mississippi are typically in agreement regarding all of the following before the judge will grant the divorce.

  • Property distribution

  • Debt distribution

  • Custody and visitation schedule for minor children

  • Whether alimony will be paid

Essentially, people who file for this kind of divorce in the state of Mississippi need to be as much in agreement as it is possible for divorcing people to be. This can often be achieved through negotiation, particularly if you have a skilled family lawyer negotiating for you. 

Is Irreconcilable Differences the Right Choice For You?

Ultimately, irreconcilable differences divorce is certainly the fastest (as short as 60 days) and least expensive (less need for lengthy lawyer assistance) way to get divorced in Mississippi. However, it may only the right choice in highly amicable situations, or in situations where reasonable negotiations are possible. 

The Fault-Based Grounds For Divorce

When a dispute regarding the divorce can't be resolved through mediation, one of the fault-based grounds may need to be considered. There are a number of fault grounds in Mississippi. They include:

  • Adultery

  • Desertion

  • Insanity

  • Drug use

  • Cruel and inhumane treatment

  • Active alcoholism

‚ÄčTalk to a family lawyer about whether an irreconcilable differences divorce in Mississippi is best for you. While the state of Mississippi doesn't necessarily make it easy to qualify, it may be the state's best option for divorce.

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19 November 2015

changing a child's last name after a divorce

When I began the divorce process, I knew that I wanted to change my name back to my maiden name. I no longer wanted to be associated with the family name of the man that I was divorcing. The problem was, I have three kids that all had their father's name. I wanted to know if I would be able to change their last names to my maiden name rather than having them carry that family's name for the rest of their lives. I found out a lot about what it would take and began working to create this blog to help other women wanting to do the same thing.