In Mississippi if all issues of a divorce are agreed upon then the parties may be divorced on the grounds of Irreconcilable Differences.
Our firm provides assistance to clients for Agreed Divorces for $700 plus filing fee.
Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. If you and your spouse have irreconcilable differences then you cannot agree on certain fundamental issues and you never will.
A claim of irreconcilable differences does not involve any wrong doing by either spouse but is a statement about the condition of the marriage. You will not need to prove that your spouse was to blame for the failure of your marriage to get a no-fault divorce based on irreconcilable differences. A court may grant you a divorce if it finds that you and your spouse can no longer live together due to your irreconcilable differences.
To be granted a divorce such as this, you must agree on all issues. These issues include:
- Division of your personal property.
- Division of real estate. If you own a home and there is a mortgage on it, and one party wants to keep the house, then if both of you signed the note and deed of trust then the spouse that is leaving the house will still be on the note. A bank will just not relieve one party of responsibility. To “get off the note” the other spouse will have to refinance the house. Or the house will have to be sold and the note paid off.
- Decision over which spouse has primary custody of the children.
- The amount of child support the non-custodial spouse will pay the custodial spouse.
- Resolution of any debt issues that exist.
- There is a 60 day waiting period from the time of the filing of the complaint. We will appear before the judge and you will not have to be there.
More information about Irreconcilable Differences:
An Irreconcilable Differences divorce is one of two ways to get a divorce in the State of Mississippi. This type of divorce focuses on a full or partial agreement between the parties to get a divorce and resolving issues relating to children of the marriage and property. Mississippi’s Irreconcilable Differences statute specifically provides that both parties must agree to a divorce on this basis and that no divorce may be entered until all custody, child support and property rights between the parties are resolved and found to be adequate by the court.
Therefore, an initial requirement for an Irreconcilable Differences divorce in Mississippi is that both parties must agree to a divorce based on Irreconcilable Differences or no divorce will be allowed by the court. In other words, a divorce in Mississippi is not available based on one party’s claim that the marriage is simply broken. If the parties can agree to a divorce on the basis of Irreconcilable Differences, they have two options on how to proceed.
First, the parties may not only agree to the divorce, but also agree to settle any and all issues relating to property distribution, child custody, child support and visitation. This is by far the cheapest way to get a divorce because litigation time is eliminated and court appearances are reduced for the attorneys. Short term marriages without children and property routinely benefit from this type of divorce as there are no issues that are worthy of disputing. Our office will normally perform these types of divorces on an inexpensive flat fee basis. Longer marriages with children and property may also benefit from this method if the spouses can work together to reach a resolution independent of intervention by the court.
If children are involved then there must be an agreed Separation Agreement that addresses custody, visitation, support, and other relevant costs such as schooling. The statutory waiting period for an Irreconcilable Differences divorce in Mississippi is sixty (60) days from the time the joint complaint is filed. Moreover, 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.
My firm has handled over a thousand agreed divorces in the past years. We can quickly prepare your documents and charge only $700. Should you need professional representation in a divorce or other family law matter, please contact Robert Cornelius at DeSoto Divorce Lawyer.
A reasonable alternative to contesting a divorce is filing on the grounds of Irreconcilable Differences:
- Especially if you have little property to divide
- Could be in the best interest of the children
- Helps avoid months of emotional trauma
- May be granted 60 days from the date of filing