The Possible Pitfalls of An Irreconcilable Differences Divorce

     As I talked about in Divorce Basics, an irreconcilable differences divorce is frequently the best option for both parties. Agreeing to the terms of the settlement agreement typically yields better results and minimizes resentment as to the terms of the agreement. You will almost always be happier with an agreement you had a hand in drafting than with a settlement agreement dictated by the court. While all of that is true, attempting to reach a fair settlement agreement with your soon to be ex-spouse is rarely a walk in the park - and the agreement requirement of the irreconcilable differences divorce in Mississippi can sometimes play a central role in the difficulty.
     In order to be granted a divorce for irreconcilable differences it is required that the parties must agree to be divorced. If one party does not consent to be divorced, a divorce can not be granted on irreconcilable differences. This required agreement can become problematic because at any time until the entry of divorce one party may withdraw its consent. For example, two parties have agreed to an irreconcilable differences divorce and have spent months negotiating back and forth to come up with a settlement agreement, investing a lot of time, emotion, and money to reaching an agreement - and then one side withdraws consent.
     When this does occur it is usually because the party withdrawing consent is not satisfied with how negotiations are going and believes they could obtain a more favorable agreement by pursuing a divorce on fault grounds and allowing the chancellor to equitably distribute the property. Or they may believe that if they simply 'wait out' the opposing party, eventually they will want a divorce bad enough that they will concede to an agreement more favorable to the party withdrawing consent.
     This type of maneuver is sometimes referred to as 'divorce blackmail', and it can be particularly frustrating when the party seeking to be divorced does not have sufficient evidence or circumstances to be granted a divorce on fault grounds. As long as the opposing party withholds consent, there will be no divorce. This can be particularly frustrating for clients who have invested time and money into the process because they are seeking to get out of a bad marriage and can not understand why they can't be divorced without their spouses approval.
     While irreconcilable differences can frequently be the best option for both parties, it still has room for improvement.