How to Get a No-Fault Divorce in Mississippi
Sometimes it just doesn’t work out. And when it doesn’t, you don’t have to stay together, but the law in Mississippi does not make breaking up easy. Mississippians can petition for divorce on the grounds of irreconcilable differences, usually meaning one party does not have to prove misconduct on the part of their partner in order to get a divorce—but in Mississippi, both parties must consent to the dissolution of the marriage in a joint written statement. By both parties agreeing to divorce and with no party accusing the other of fault, “no-fault” divorces tend to go much more expeditiously than other divorce processes. For people using no-fault divorces to escape abuse*, or who are not on good terms with their ex-partners, it might be a more stressful experience, with prolonged contact with their abusers, especially if they do not grant the divorce.
Though Mississippi does not have a truly “no-fault” divorce process, judges may grant a no-fault divorce to couples on the grounds that they are:
- Two legally married people who no longer wish to be married, and;
- At least one of them has resided in the state of Mississippi for at least 6 months, and;
- Neither partner formally accuses the other of breaching the marriage contract, and;
- They have jointly prepared a written statement showing that they both consent to the divorce.
Who gets what in a no-fault divorce?
No-fault divorces in Mississippi usually come with the exes having prepared documents agreeing to what they’re going to keep. If they can’t decide, a judge or arbiter will decide, based off a variety of factors, including the income of each partner. Things tend to go better in your favor, especially considering the custody of your children, if you’re behaving well on social media.
If neither party can agree to the distribution of assets then a judge can grant your divorce on irreconcilable differences and can conduct a hearing that specifically addresses the distribution of assets.
What if my partner does not consent to a divorce?
If your partner does not consent to a divorce on the grounds of irreconcilable differences, but you truly believe they have breached your marriage contract, you may have to file for divorce on the grounds of fault; there are 12 conditions under which a partner may breach a marriage contract in Mississippi, domestic abuse newly among them.
Whatever way you’re interested in divorcing, at the Law Office of Andrew Sorrentino, I am glad to be there for you in your time of need.
*Love is respect. If you need help removing yourself and your children from a domestic violence situation, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.