No-Fault Divorce

No-Fault Divorce

Mississippi allows for no-fault divorce based on “irreconcilable differences” if both spouses agree. However, either spouse can block an irreconcilable differences divorce.

Personal Jurisdiction
The court must have jurisdiction over the spouses. This is achieved by filing a joint complaint or where the defendant has been personally served or has entered an appearance with a written waiver.

Consent
The husband and wife must consent to a divorce voluntarily.

All Matters Must be Resolved
Custody, child support, property rights, or other matters pertaining to the spouses must be agreed upon.

Timing
A complaint for irreconcilable differences requires a waiting period of sixty days before a divorce will be granted by the court.