How to obtain a no-fault divorce in Mississippi
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How to obtain a no-fault divorce in Mississippi

On Behalf of | Jan 19, 2022 | Divorce |

Traditional divorce requires that the spouse filing for divorce prove fault on the part of the other spouse. Today, no-fault divorce is recognized as the most common type of marriage dissolution and does not require evidence of wrongdoing by either spouse. Instead, it simply states irreconcilable differences, which means the couple no longer gets along and won’t get back together. The process of obtaining a no-fault divorce in Mississippi depends on state law.

No-fault divorce laws in Mississippi

In Mississippi, the filing spouse needs to first meet eligibility requirements for getting a divorce. He or she must be a resident of the state for at least six months. Although all states recognize no-fault divorce, Mississippi is not a true no-fault divorce state, meaning the filing spouse cannot obtain it by default as the other spouse must consent. There is no requirement for living separately prior to filing, however.

How long does a no-fault divorce take in Mississippi?

If the other spouse objects to a no-fault divorce, he or she must meet either one of 12 grounds for divorce. Neither of these grounds has a waiting period but instead requires that the other spouse is notified a month before trial. In the event of a pregnant wife, there is a case for child support and so it is delayed until the child is born. A no-fault divorce requires a 60-day waiting period to finalize it. Scheduling, property agreement and other conflicts can affect the length of time it takes in each case.

A no-fault divorce is the simplest and fastest type of marriage dissolution. Although Mississippi is not a true no-fault divorce state, many couples are able to obtain divorce relatively easily.