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Legal Information: Mississippi


December 10, 2020

What else do I need to know about getting a divorce based on irreconcilable differences?

In addition to the fault-based grounds explained in What are the grounds for divorce in Mississippi?, the judge may grant you a divorce based on “irreconcilable differences.” To get a divorce because of irreconcilable differences, one of the following must be true:

  1. you and your spouse must file a joint complaint (court document) to request the divorce;
  2. the spouse who did not start the case must be personally served with the complaint; or
  3. the spouse who did not start the case must enter his/her appearance with a written waiver of process (document stating that s/he agrees that s/he does not need to be served with the complaint according to the court rules or state laws).1

A judge will wait 60 days after you file your divorce complaint before hearing your case. If you and your spouse agree to all of the terms of your divorce (custody, child support, property division, etc.), the judge may issue the divorce based on your complaint and without a hearing. However, if you do not agree, the judge may hold a hearing, hear evidence, and make a decision about the issues on which you disagree.2

A judge will only grant you a divorce based on irreconcilable differences if you and your spouse agree that your marriage is beyond repair. If your spouse has contested the divorce or denied that there are irreconcilable differences, the judge can still grant the divorce if your spouse withdraws (takes back) or cancels the denial/contest.3

1 Miss. Code § 93-5-2(1)
2 Miss. Code § 93-5-2(3),(4)
3 Miss. Code § 93-5-2(5)