Five Common Misconceptions of the Mississippi Irreconcilable Differences Divorce

1. One person can get a divorce on the grounds of irreconcilable differences over the objection of the other. Not true. A divorce on the grounds of irreconcilable differences requires consent by both parties.

2. When you get a divorce on the grounds of irreconcilable differences, you are divorcing your spouse. Partially true. When a court grants a divorce on the grounds of irreconcilable differences, both parties are divorcing the other. Most divorce decrees are written that way. Therefore, one spouse is not divorcing the other; instead, both spouses are divorcing each other. Perhaps for some this is not an important distinction, but for others it is important.

3. You have to agree on everything to get a divorce on irreconcilable differences. Not true. You can submit to the court those issues which you and your spouse cannot agree upon and allow the court to decide these issues. For example, you both know that you want out of the marriage, and can agree on a divorce on the grounds of irreconcilable differences. However, you can’t agree on: custody of the children; the amount of child support; alimony; who gets the house and who pays the mortgage; who pays the credit card debt, or how the credit card debt should be divided; how the furniture, furnishings and other personal property is divided; etc. However, to submit these unresolved issues to the court, you must enter into a stipulation that is in writing agreeing that these issues are to be decided by the court.

4. Irreconcilable differences is a ground for divorce. True - with a twist. It is a ground for divorce as set forth in the statute at M.C.A. Section 93-5-2. However, irreconcilable differences is not a fault grounds that one person can prove against the other. See #1 and #2 above.

5. If both parties agree to the terms of the divorce, the court will automatically approve the divorce. Not true. This is especially not true pertaining to unusual child custody arrangements or agreements where a non-custodial parent is not going to pay any child support. The court is not in the habit of rubber-stamping agreements that do not make adequate and sufficient provision for the care, custody and support of the minor children.

For more information, please visit our website at http://www.showspowell.com/.