Going through a divorce, where your spouse isn’t being compliant and signing the divorce papers, can make divorce much more challenging than it already is. Luckily for you, in Mississippi, you can still get a divorce. If you are going through this problem, keep reading so you know what your next step is to make the divorce final.
Grounds For Fault-Based Divorce In Mississippi
There are certain grounds for fault-based divorce in Mississippi that allow you to proceed without your spouse signing the divorce papers. If this is one of the cases, the Summons and Complaint give your spouse a notice of the action and allow them to appear in court. If our spouse doesn’t respond or show up, you can still get a divorce as long as you go to court and bring a witness who will confirm what you have to say. If this is the case, most times the judge will hear the proof and grant you the divorce if the court is satisfied with your reasoning for divorce.
Faults granted in Mississippi:
- Adultery
- Drunkeness
- Abuse
There are more examples of fault-based divorce; these are just a few.
Fault-Based Divorce Vs. No-Fault Based Divorce
Fault-Based Divorce
For a fault-based divorce to happen in Mississippi, you will be accusing your spouse of causing the breakdown of the marriage because of specific mental misconduct. There are also cases where mental illnesses may result in fault-based divorce as well, if you didn’t know about it when you got married. A lot of times, couples may start with a fault-based divorce and then slowly make their way into becoming a no-fault divorce. A fault-based divorce is expensive. It is a big emotional investment, time investment, and you’re putting in a lot of money and energy compared to a no-fault divorce.
No-Fault Divorce
In Mississippi, you are allowed to get a divorce by declaring that you and your spouse have “irreconcilable differences.” This means that you and your spouse can’t get along, and there is no chance that the two of you will be getting back together. The divorce will only go through if you both agree that you have irreconcilable differences and you show the court proof that you agree on this. Proof can be presented by a written settlement of all your issues, or your spouse’s written and signed agreement on irreconcilable differences.
How To Get Your Spouse To Agree To a No-Fault Divorce
When considering a no-fault divorce, there’s a lot of information that you can tell your spouse to persuade him into choosing no-fault rather than fault-based divorce. For instance:
- Faster resolutions and less time in court – In Mississippi, when there is an uncontested divorce, the parties are authorized to wait 60 days after filing the divorce complaint to obtain the finalized divorce decree
- Lower legal expenses – This is because of the lack of litigation in an uncontested divorce.
- More control over the outcome – The couple has more control over the financial and legal issues in their divorce.
- Privacy – There are simpler legal proceedings when dealing with no-fault divorce, which allows the couple to have more privacy when dealing with their divorce.
In the end, a no-fault divorce is the fastest, easiest, and most common way to get a divorce in Mississippi.
What to Do When Your Spouse Is Not Signing Divorce Papers
Gregory D. Keenum, PA, can help you figure out what to do if you think you’re stuck. Just because you’re spouse isn’t signing divorce papers doesn’t mean you have to stay married to them. Feel free to reach out and get the help you need to make your divorce final.