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What is an "Irreconcilable Differences Divorce"?
Mississippi law allows a divorce on grounds of irreconcilable difference which is sometimes called "no fault." In order to get a divorce that way, each party must consent to the divorce and must either:
The keys to an irreconcilable differences divorce are consent and agreement. It works well when parties have few assets and no children or when the parties act reasonably and are willing to compromise. Unfortunately, many couples who are contemplating divorce are already past the point of reasonableness and compromise. If one party insists on terms that are not agreeable to the other, the other party may withhold his or her consent and the divorce cannot be granted on irreconcilable differences. In that event, one party must sue the other and claim a "fault ground."
In order to file for divorce in Mississippi, a party must give grounds for divorce and prove them with evidence or testimony. Mississippi recognizes the following grounds for divorce: irreconcilable differences (which is no-fault) and other grounds that include impotence, adultery, incarceration, felony conviction, drug or alcohol abuse, insanity for at least a three-year period, the wifes pregnancy by someone else without the husband being aware, willful desertion for at least one year, cruel and inhuman treatment, incest, and one spouse lacking the mental capability to consent to terminate a marriage.
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