Mississippi laws provide two ways to get a divorce which are Fault-Based Divorce and Irreconcilable Differences Divorce (ID Divorce). An Irreconcilable Differences divorce, which is often referred to as a No Fault Divorce, is only proper if both spouses agree a divorce on this basis. A No Fault divorce in Mississippi is not available based on one party's claim that the marriage is irretrievably broken. Instead, both parties must consent to a divorce based on Irreconcilable Differences in Mississippi.
Requirements for ID Divorce
As stated above, both spouses must agree to be divorced on this basis of Irreconcilable Differences. Also there is a statutory waiting period of sixty (60) days from the time the joint complaint is filed. And, at least one of the parties must have resided in the state of Mississippi for at least six (6) months prior to the filing of the divorce.
Procedure to Obtain an Irreconcilable Divorce
The parties must file a joint complaint for an ID divorce with the clerk of the court. This complaint explains who the couple is, what assets they have, children born to the marriage and any other general facts about the marriage. Once the Complaint for Divorce is filed and the end of the sixty (60) day waiting period, the court is presented with the proposed Proposed Property Settlement Agreement. After review of all of the facts the Judge may grant a final divorce.