The “I’m Just Not That Happy Anymore” Divorce - Part 2

In my previous blog, I stated that Mississippi does not recognize “I’m just not that happy anymore” as a ground for divorce to enable the unhappy spouse to divorce the other spouse without the other spouse’s consent. Unfortunately, that is not the case in other states.

Many states recognize Irretrievable Breakdown of Marriage as a ground for divorce. Some states utilize this as a form of no-fault divorce - with the fault. In these states, so long as the unhappy spouse can convince the judge that the marriage is over with no hope of a reconciliation, and prove certain statutory factors, the unhappy spouse can get a divorce. This is irreconcilable differences on steroids.

Thank goodness this isn’t the law in Mississippi.

I’ve had the experience representing clients dealing with such a law in one of the states that recognizes Irretrievable Breakdown of Marriage as a divorce. Basically, the common scenario is as follows:  The unhappy spouse decides that the wedding vows they took were not solemn enough to keep the vow, and therefore moves to a state recognizing such law, establishes residency for six months, and files for divorce on the grounds of Irretrievable Breakdown of Marriage. The other spouse, however, holds the belief that the wedding vows taken are solemn vows worthy of keeping. The end of the story is that the unhappy spouse gets what they wanted - a divorce on Irretrievable Breakdown of Marriage.  The spouse wanting the marriage to work does not get what they want - they lose their marriage.

Of course, for this scenario to play out the spouse wanting out has to be willing to uproot their life and move to another state to establish the six month residency requirement.

And people say its too easy to get a divorce in Mississippi . . . try these other states for such easy divorce laws.

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