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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:

  • make a written agreement concerning all matters related to child custody, visitation, and support, and how to divide their assets and liabilities, or
  • consent to allow the court to decide the issues upon which the parties cannot agree.

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."

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If the couple is filing for divorce on the ground of irreconcilable differences, they can agree to joint custody and the court will grant it as being in the best interest of the child.
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