In Mississippi, a husband and wife may be granted a divorce on the ground of Irreconcilable Differences. This is often referred to as a “no-fault divorce.” Of the divorce grounds available in Mississippi, Irreconcilable Differences is usually the simplest, quickest, cheapest and least stressful way to obtain a divorce.
Typically, the husband and wife both sign a document called a Joint Complaint in which they ask the court to grant them a divorce on the basis that irreconcilable differences have arisen between them. Usually there is a written agreement attached to the Joint complaint that addresses the division of assets and debt, provides for custody and visitation and addresses other issues important in a divorce. Both spouses will also need to complete a financial statement, unless they agree to waive that requirement. Once the Joint Complaint is signed, it is filed with the Chancery Clerk’s office in the county of either spouse’s residence, if both are Mississippi residents. If one of the spouses is not a Mississippi resident, then it should be filed in the county where the Mississippi resident lives. The Chancery Clerk will require the parties to pay a filing fee at the time they file the Joint Complaint.
Once the Joint Complaint is filed, it must remain on file for at least 60 days before the judge has the authority to grant the divorce. In comparison to divorces based on grounds such as adultery, the 60 day period is pretty quick. During that 60 day waiting period, it is important to remember that you are not divorced. Even though an agreement has been reached on a divorce, no spouse likes to see their husband/wife displaying their new “companion” in public and such actions often result in litigation.
Once the 60 day waiting period is over, your lawyer will meet with the judge to present the written agreement for approval. The Court will review the agreement, along with the financial statements, to determine if the agreement is adequate and sufficient. If so, the Court will sign a document called a Judgment of Divorce that, when filed with the Chancery Clerk, will grant the divorce and end the marriage.
There are other ways to obtain a divorce on the ground of Irreconcilable Differences and there are variations to the process, but this procedure is the most common. If you are considering a divorce, you should contact an attorney to discuss your options. Because of its simple procedure, many people try to get divorced without an attorney. While this may save a little money on the front end, you may end up with a really bad divorce agreement that you cannot change. It is well-worth the investment in an attorney to make sure your divorce is done properly.