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Mississippi "No Fault" Divorce Process

Posted by William Thompson
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Irreconcilable Differences (“ID divorce") is Mississippi’s answer to the NO FAULT* divorce. Mississippi is not a true NO FAULT state. In MS both parties must agree to the divorce and to all the terms of the divorce, including ALL issues of child custody, visitation, child support, equitable distribution (how MS divides your stuff), including; personal property such as couches, tables and TVs, accounts, retirment, debts, all monies, and the house, mortgage, and alimony, if any. Every issue has to be agreed upon to gain an ID divorce**. If ALL can be agreed upon, an ID divorce is just about the quickest and least expensive way to get a divorce in MS.

* In a NO FAULT state either party can secure the divorce regardless if the other party agrees . In the event they cannot agree the Court can divide the property.

** There is also the possibility of a hybrid situation where you and your spouse can agree on the divorce and agree to let the Judge decide the issues that you cannot agree upon. This technique, however, has its risks and should not be gone into lightly and certainly not without consultation of an attorney.

*** The 60 day waiting period is the minimum time that the parties to an ID divorce must wait. It is designed as a cooling off period.

Irreconcilable Differences Divorce

The basic process is to;

1) File a Joint Complaint for Divorce (begins the 60 day waiting period***),

2) Exchange Financial Statements (called an 8.05),

3) Draft and sign an Agreement stating all of the details of who gets what, and who pays what (called a Property SettlementAgreement or PSA),

4) Draft and sign a Final Judgment(the actual divorce), and finally

5) Present all to the Judge for approval.

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