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Welcome To Bankhead Law Firm
Welcome To Bankhead Law Firm

Mississippi does not recognize unilateral, no-fault divorce, that is, one spouse cannot individually file for and obtain a divorce without stating a fault-based ground for divorce.

Mississippi does recognize a no-fault divorce, called an irreconcilable differences divorce, where two spouses can agree to a divorce without having to show any fault on the part of either spouse.

For an irreconcilable differences divorce, a couple can come to a mutual agreement on property division, alimony, and if there are children, child custody, visitation, and child support, and present this agreement to the court, who will approve it if it is fair. If the couple cannot agree on one or more of these issues, the court will make the decision based on a variety of factors that he or she must legally consider. A divorce based on irreconcilable differences must be on file for at least 60 days before the divorce can be granted.

A fault-based divorce operates like a lawsuit, with one spouse filing a complaint for divorce against the other spouse in Chancery Court and essentially having a trial before the Chancellor. The fault-based grounds for divorce that are recognized in Mississippi are the following: adultery, a wife’s pregnancy by another at the time of the marriage, bigamy, habitual cruel and inhuman treatment, habitual drunkenness, habitual drug use, desertion, imprisonment, natural impotency, insanity at the time of the marriage, institutionalization for insanity during the marriage, and incest. By far the most commonly cited grounds for divorce are adultery and habitual cruel and inhuman treatment, which includes both physical and emotional abuse.

Welcome To Bankhead Law Firm