Divorce

Is there are simplified method of obtaining a divorce if both parties agree? 

 

In accordance with Miss. Code Ann. § 93-5-2, a divorce can be granted on the basis of irreconcilable differences.  Pursuant to Mississippi law, both spouses must agree to a divorce in order for the divorce to be granted on the basis of irreconcilable differences.  The complaint for divorce must remain on file for at least sixty days (60) before a divorce can be granted.  In addition, before a court will grant a divorce, related issues must be resolved.  The parties are allowed to decide issues pertaining to property division, spousal support, child custody, and child support.  The written agreement that the parties reach is subject to approval by the assigned chancellor.  In order to avoid the implementation of an unconscionable contract, the chancellor has the authority to modify the terms of such agreements.  With respect to a divorce based on irreconcilable differences, disagreement regarding property division, spousal support, child custody, and/or child support results in the submission of the issue(s) to the chancellor.  The chancellor’s decision is a binding and lawful judgment.  Although the chancellor’s decision can be appealed, the decision will not be overturned “unless the chancellor was manifestly wrong, clearly erroneous or an erroneous legal standard was applied.”

 

If my spouse does not consent to a divorce, what are my options? 

 

The fault-based grounds are as follows:  (1) natural impotency, (2) being sentenced to any penitentiary, and not pardoned before being sent there, (3) uncondoned adultery, (4) willful, continued and obstinate desertion for the space of one year, (5) habitual drunkenness, (6) habitual and excessive use of opium, morphine or other like drug, (7) habitual cruel and inhuman treatment, (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) relationship within the prohibited degrees  of kindred, and (12) incurable insanity.  If the court determines that you have sufficient proof of the asserted fault-based ground(s), the court may grant a divorce over the objection of your spouse.

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