Although you may have decided that your marriage should end, you may find it challenging to get a divorce if your spouse does not want to end the marriage. When your spouse refuses to agree to a divorce, a knowledgeable divorce attorney can help you pursue legal options if you wish to proceed with a divorce.
Grounds for Divorce in Mississippi
Mississippi recognizes both no-fault and fault-based divorces. A no-fault divorce occurs when a couple agrees to get divorced. In a no-fault divorce, the couple represents to the court that they have irreconcilable differences that have caused an irretrievable breakdown of the marriage, and they have no reasonable hope of reconciliation.
Conversely, a fault-based divorce requires the spouse filing for divorce to prove that the other spouse committed one of the legal grounds for divorce. These grounds include:
- Desertion
- Adultery
- Habitual drunkenness or drug use
- Habitual cruel and inhuman treatment
- Incurable insanity
- Impotency
- Incarceration
- Wife’s pregnancy by another man at the time of marriage (unknown to the husband)
- Spouse’s insanity at the time of marriage (unknown to the other spouse)
- Bigamy
- Incest
Although one spouse can initiate a fault-based divorce, a no-fault divorce in Mississippi requires both spouses to agree to the divorce.
Can a Spouse Legally Deny a Divorce?
A spouse can make it legally difficult for the other spouse to end the marriage through divorce. A spouse can lawfully deny a no-fault divorce by refusing to provide consent for the divorce. Without mutual agreement, a Mississippi court will not grant a no-fault divorce.
Although a spouse can file for a fault-based divorce without the other spouse’s consent, they must prove that the other spouse committed one of the legal grounds for divorce. Proving grounds for the divorce in court can become challenging if the defendant spouse chooses to contest the plaintiff spouse’s allegations. The court will need to hold a trial to determine whether grounds exist for the divorce, and the spouse who filed for divorce must prove by clear and convincing evidence that the other spouse committed one or more grounds for divorce.
What Happens When a Spouse Refuses to Sign Divorce Papers?
When a spouse refuses to sign the divorce papers and consent to a divorce, the spouse who filed for divorce can continue the case as a fault-based divorce. However, proceeding with a fault-based divorce will involve a lengthy court process culminating in a hearing or trial where the spouse who filed for divorce must prove grounds for it. Before the hearing/trial, the parties may engage in discovery to exchange evidence relating to the issues in the divorce, including the alleged misconduct providing grounds for the divorce, financial information to resolve property division and alimony, and other evidence to resolve child custody disputes. A spouse’s refusal to sign divorce papers can make a divorce case a much longer, more expensive, and more complex legal proceeding.
Options When Your Spouses Refuses a Divorce
If your spouse has refused to get divorced, you can take specific steps if you want to proceed with the divorce. First, you should gather evidence to prove that your spouse committed one or more legal grounds for a fault-based divorce in Mississippi. You may also see if you can get your spouse to agree to mediation, which may help you negotiate a settlement with them in which they agree to the divorce. Finally, you should contact an experienced divorce attorney to guide you and advocate for your interests if you pursue a fault-based, contested divorce.
Contact a Divorce Attorney Today
If your spouse has refused to sign divorce papers, an experienced family law attorney from Gregory D. Keenum, P.A. can walk you through your legal options for completing the divorce. Contact our firm today for a confidential consultation to discuss how our firm can help when your spouse tries to deny you a divorce.