Mississippi Final Judgment of Divorce Based on Irreconcilable Differences
Description Divorce Based Application
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Mississippi Final Divorce FAQ
The court will give you a proof of written judgement that lets you know that your divorce is final. You can request a copy of this judgement from the court in your jurisdiction contact the courthouse or visit its website to see what its specific procedures are.
Instead of proving that your spouse did something wrong, you will need to show that you and your spouse have significant conflicts that permanently damage your relationship. You must attest that, due to these irreconcilable differences, your marriage is broken beyond repair.
When a couple files for divorce on the grounds of irreconcilable differences, they are filing for a no-fault divorce. This means that neither spouse seeks to prove a wrongdoing that caused the end of the marriage.Many states allow for irreconcilable differences as legal grounds for divorce.
To file for divorce in Mississippi, you must be a resident of the state for at least six months. An irreconcilable differences divorce requires a 60-day waiting period, assuming the spouses resolve all issues within that time and the court has approved the property settlement agreement.
In California, a dissolution of marriage can be granted if the court finds that "irreconcilable differences" have caused an irrevocable breakdown of the marriage. In effect, this simply means that a married person who wants to end the marriage can do so, even if the other spouse wants to stay together.
It is commonly asked by clients, Can I date others? The short answer is NO. In Mississippi divorce there is no such thing as legal separation. You are married until you are divorced. That means either party could get fault grounds against the other at any time prior to the divorce being granted.
A mandatory 60-day waiting period follows any suit for an uncontested divorce. After this period is over, the couple is allowed to enter proceedings to finalize the divorce. During the 60 days, either party may contest the divorce, necessitating that the couple follows the procedure for a contested divorce.
The Matrimonial Causes Act 1959 provided 14 grounds for the grant of a decree of dissolution of marriage ('divorce'), including adultery, desertion, cruelty, habitual drunkenness, imprisonment and insanity. To succeed on one of these grounds, a spouse had to prove marital fault.
The Summons and Complaint gives your spouse notice of the action and allows them an opportunity to be heard if they desire. Even if your spouse does not respond or even show up in court, you can still obtain a divorce as long as you go to court and bring a witness who will corroborate what you have to say.