Mississippi’s divorce laws are different than laws in other states. There are two kinds of divorce in Mississippi:
- Irreconcilable divorce
- Fault based divorce
Irreconcilable differences
This type of divorce, also called uncontested divorce, is for parties who agree, and both want a divorce. If one party does not want the divorce and the other party does, they cannot file for this type of divorce. This type of divorce is restricted to marriages where both agree that irreconcilable differences exist, and the marriage has been irretrievably broken.
If both parties agree that they want a divorce but do not agree on any specifics, like the division of property or child custody issues, they can still have this type of divorce, and the court will manage the problems between the couple.
Fault Based Divorce
This type of divorce happens when one spouse wants a divorce, and the other does not. In this kind of divorce, the petitioner must prove that the other party is to blame for the marriage breakdown. The state has 12 reasons, or fault grounds, for this type of divorce.
- Impotence
- Adultery
- Desertion
- Drug use
- Drunkenness
- Incarceration
- Abuse
- Insanity
- Bigamy
- Pregnancy by another man
- Incest
- Incurable mental illness
For a party to petition the court for a fault based divorce, the filing party must claim that the other party committed at least one of these faults.
Divorce laws differ across the country, and understanding the specific laws in your jurisdiction is imperative. Whether you are a couple considering an uncontested divorce or an individual filing for a fault-based divorce, you have options and choices to make in the process.
