Irreconcilable Differences Divorce in Mississippi - More than One Way

There are more than one avenue to getting a divorce on the grounds of Irreconcilable Differences in Mississippi. However, each avenue ultimately involves the parties reaching some form of agreement. The avenues to a Irreconcilable Differences divorce are:

1. Complete agreement from the outset. This involves both parties signing a Joint Complaint for Divorce, a Marital Dissolution Agreement (aka Property Settlement Agreement), and a Judgment of Divorce. The Joint Complaint is filed and must remain on file for sixty (60) days prior to a divorce being finalized.

2. Agreement to obtain divorce from the outset (sort of). This involves both parties agreeing to a divorce on Irreconcilable Differences. However, they can’t agree to all terms of property division, or support, or custody, so they enter into an agreement stipulating all matters that they do agree upon, and stipulating that the Court shall hear and decide all matters which the parties cannot agree upon. Thereafter, the Court will hold a hearing where both parties put on evidence regarding those things they have submitted to the Court for a decision.

3. Adversarial proceeding at the outset. This can ultimately end up as an Irreconcilable Differences divorce in the following ways:

a. Both parties file complaints for divorce on fault grounds against the other, with irreconcilable differences plead in the alternative. At some point after the commencement, both parties reach an agreement in writing (called a Marital Dissolution Agreement or Property Settlement Agreement), sign a Consent to Divorce on Irreconcilable Differences, sign a Joint Motion to Withdraw Fault Grounds and Denials, and sign a Judgment of Divorce. The initial complaint starting the proceeding must still be on file for sixty (60) days before the divorce can be finalized.

b. One party files a complaint for divorce on fault grounds, with irreconcilable differences plead in the alternative, and the other party comes in and agrees to a divorce on Irreconcilable Differences. The parties can then agree to all terms of property division, support and custody issues (as in #1 above), or the parties can agree to some of the terms of the property settlement and a consent to allow the Court to decide all matters not agreed upon (as in #2 above).

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