Divorce Basics

In Mississippi, there are two different ways by which one can obtain a divorce.

One way is through 'fault' grounds - fault grounds include adultery, cruel and inhuman treatment, habitual drunkenness, habitual drug use, and desertion. When a fault ground exists, it is typically because one party is more to blame for the failure of the marriage. When a party has a fault based ground for divorce - for example their spouse has committed adultery - the party may be granted a divorce by the court even if there is no agreement between spouses to be divorced.

The other way in which one can obtain a divorce in Mississippi is through 'irreconcilable differences'. Irreconcilable differences requires agreement of the parties, unlike a divorce obtained on a fault ground, and is sometimes referred to as a 'No-Fault' divorce. An irreconcilable differences divorce can come about in a couple of ways. First, the parties could agree to every aspect of the divorce including custody and visitation arrangements, division of property, and support. Alternatively, the parties may agree to divorce, but can not agree on all the issues. In this situation the parties may elect to have a trial in which the court decides issues that the parties can not agree on.

By far, most divorces in Mississippi are granted for irreconcilable differences. Even when a complaint is filed based on fault grounds it is common place to alternatively request a divorce based on irreconcilable differences in case the parties agree to settle. Most of the time, if a reasonable agreement can be made, it is in the best interest of both parties to do so for a couple of reasons. First, it saves the parties the cost of extensive discovery, trial preparation, and the actual trial which can significantly drive up the cost of a divorce. Second, most people tend to be more satisfied with a settlement agreement that they had a hand in negotiating and drafting versus having the court decide for them. Additionally, it saves the family from the sometimes irreparable harm that can come as a result of litigating a fault ground based divorce. This is especially true when there are children involved.

While irreconcilable differences divorces are the most common, and can frequently provide the best outcome for both parties, they don't always provide the best resolution. Next time we will discuss why the requirement that the parties must agree can be problematic.