Irreconcilable Differences Divorces

An Irreconcilable Differences divorce is one of two ways to get a divorce in the State of Mississippi that you can pursue with the assistance of Jackson divorce lawyer M. Devin Whitt. This type of divorce focuses on a full or partial agreement between the parties to get a divorce and resolving issues relating to children of the marriage and property. Mississippi’s Irreconcilable Differences statute specifically provides that both parties must agree to a divorce on this basis and that no divorce may be entered until all custody, child support and property rights between the parties are resolved and found to be adequate by the court.

Therefore, a initial requirement for an Irreconcilable Differences divorce in Mississippi is that both parties must agree to a divorce based on Irreconcilable Differences or no divorce will be allowed by the court. In other words, a divorce in Mississippi is not available based on one party's claim that the marriage is simply broken. If the parties can agree to a divorce on the basis of Irreconcilable Differences, they have two options on how to proceed.

First, the parties may not only agree to the divorce, but also agree to settle any and all issues relating to property distribution, child custody, child support and visitation. This is by far the cheapest way to get a divorce because litigation time is eliminated and court appearances are reduced for the attorneys. Short term marriages without children and property routinely benefit from this type of divorce as there are no issues that are worthy of disputing. Serving Jackson and surrounding areas, divorce lawyer M. Devin Whitt will normally perform these types of divorces on an inexpensive flat fee basis. Longer marriages with children and property may also benefit from this method if the spouses can work together to reach a resolution independent of intervention by the court.

If the parties can agree to the divorce, but are unable to agree on some issues relating to children or property, there is another approach in Mississippi. The parties can enter a consent decree where they agree in writing to submit any remaining issues relating to property and/or child custody/support terms to the court for decision. Under this method the court will have a hearing where the parties and their divorce attorneys will present evidence to the court relevant to the issues to be decided. However, as “fault” or “marital misconduct” may not be relevant to these issues, much of this type of testimony may be left out to avoid potential embarrassment to the parties or family members involved.

The statutory waiting period for an Irreconcilable Differences divorce in Mississippi is sixty (60) days from the time the joint complaint is filed. Moreover, at least one of the parties must have resided in the State of Mississippi for at least six (6) months prior to the filing of the divorce.

Should you need professional, aggressive representation in a divorce or other family law matter, please feel free to contact Jackson divorce attorney M. Devin Whitt at 601-607-5055.