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Mississippi Irreconcilable Differences Divorce

January 5, 2011,

In Mississippi there are two ways to get a divorce: (1) the Irreconcilable Differences (a/k/a "No Fault") divorce and, (2) a fault-based divorce. An Irreconcilable Differences divorce (Miss. Code. Ann. ยง 93-5-2) is proper only if both spouses agree to be divorced on this basis. In other words, a divorce in Mississippi is not available based on one party's claim that the marriage is irretrievably broken. Instead, both parties must consent to a divorce based on Irreconcilable Differences in Mississippi or no divorce may be entered. As long as both parties agree to a divorce based on Irreconcilable Differences, any remaining issues relating to property distribution and/or child custody/support terms may made part of a settlement agreement between the parties or be submitted to the court for decision.

The statutory waiting period for an Irreconcilable Differences divorce in Mississippi is sixty (60) days from the time the joint complaint is filed. Moreover, at least one of the parties must have resided in the State of Mississippi for at least six (6) months prior to the filing of the divorce.

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