Choosing between a fault-based divorce and a no-fault divorce is a significant decision that depends on various personal and legal considerations. One of the primary factors is financial status, as the costs associated with divorce can vary widely. A no-fault divorce is often less expensive because it avoids lengthy court battles, while a fault-based divorce may involve higher legal fees due to the need for evidence and litigation. Spouses must also evaluate how financial obligations, such as alimony and asset division, will be handled under each approach
The level of conflict in the relationship plays a crucial role as well. If both parties are willing to cooperate and reach a mutual agreement, a no-fault divorce can be a smoother and less emotionally taxing process. However, when serious disputes exist, such as accusations of misconduct, dishonesty, or unresolved grievances, a fault-based divorce may be necessary to ensure one spouse’s rights are fully protected. Understanding the differences between these two categories of divorce is essential for anyone going through a divorce in Mississippi.
No-Fault Divorce
In Mississippi, a no-fault divorce is generally the simplest and most straightforward way to end a marriage. It allows spouses to pursue divorce based on irreconcilable differences—meaning that the couple can no longer get along and there is no realistic possibility of reconciliation.
However, a no-fault divorce is only available if both spouses agree that the marriage is irretrievably broken. To move forward, you must demonstrate this mutual agreement to the court by submitting either:
- A written settlement agreement that covers all aspects of the divorce, including property division, child custody, and support; or
- The spouse’s signed, written consent to divorce based on irreconcilable differences.
Both documents must be submitted to the court in order for the divorce to proceed. If a settlement agreement is not reached, the court may intervene to resolve any disputed issues.
Fault-Divorce
When filing for a fault-based divorce, you are formally alleging that your spouse’s actions or behavior led to the breakdown of the marriage. This type of divorce requires evidence of specific marital misconduct, such as adultery, abandonment, or cruelty, to justify the request for dissolution. It’s important to note that you cannot file for a fault-based divorce based on your own misconduct, the legal grounds must be attributed solely to your spouse’s actions. If misconduct exists on both sides, additional legal considerations may arise and could impact the outcome of the divorce and any resulting settlements.
Choosing Between No-Fault and Fault
Choosing between a fault-based divorce and a no-fault divorce requires careful consideration of multiple factors. Financial status is a major element, as the cost of proceedings can vary greatly depending on whether the divorce is contested or amicable. Individuals should assess how property division, alimony, and other financial responsibilities will be addressed under each option.
The level of conflict within the marriage also plays a role. If spouses are able to cooperate and reach mutual agreements, a no-fault divorce may be the most efficient and cost-effective solution. However, when the relationship is marked by hostility, dishonesty, or unresolved issues, a fault-based divorce may be necessary to protect one party’s rights and interests.
Additionally, the specific circumstances surrounding the marriage should be taken into account. Serious allegations such as adultery, abuse, or abandonment may prompt one spouse to pursue a fault-based divorce rather than an amicable separation. The presence of children, shared assets, and concern for each party’s future well-being should all factor into this important decision. Understanding these considerations can help individuals determine the best path forward as they navigate the complexities of divorce in Mississippi.
Legal Assistance
Navigating through the divorce process can be chaotic and stressful; having a motivated and experienced attorney can make a difference. At Gregory D. Keenum, PA, we provide legal guidance to help people understand their rights. Whether choosing between no-fault or fault divorce, our team is here to support you every step of the way.
Contact Gregory D. Keenum, P.A., to schedule a consultation and review legal options.