Divorce

In addition to the fault-based grounds, a Mississippi judge may grant you a divorce based on irreconcilable differences. To get a divorce because of irreconcilable differences, one of the following must be true:

1. You and your spouse filed a joint complaint to request the divorce; or
2. The spouse who did not start the case:

• was personally served with the complaint; or
• they appeared in the case by filing a written “waiver of process.” The waiver is a document stating that your spouse agrees they don’t need to be served with the complaint under the court rules or state laws.¹

A judge will wait 60 days after you file your divorce complaint before hearing your case. If you and your spouse agree on all the terms of your divorce, the judge may issue the divorce based on your complaint without a hearing. The terms of the divorce might include custody, child support, property division, etc. However, if you both do not agree on the terms of the divorce, the judge may hold a hearing, consider evidence, and decide on the issues on which you disagree.²

A judge will only grant you a divorce based on irreconcilable differences if you and your spouse agree that your marriage is beyond repair. If your spouse contests the divorce or denies that there are irreconcilable differences, the judge can only grant the divorce if your spouse withdraws or cancels the denial or the contest.³ If they don’t, you may have to file for a fault-based divorce instead.

¹ Miss. Code § 93-5-2(1)
² Miss. Code § 93-5-2(3), (4)
³ Miss. Code § 93-5-2(5)