Mississippi Ground Rules

A divorce may be granted in Mississippi divorce law on the no-fault ground of irreconcilable differences.

1. Divorce from the bonds of matrimony may be granted on the ground of irreconcilable differences, according to Mississippi divorce law, but only upon the joint complaint of the husband and wife or a complaint where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver of process.

2. If the parties provide by written agreement for the custody and maintenance of any children of that marriage and for the settlement of any property rights between the parties, and the court finds that such provisions are adequate and sufficient, the agreement may be incorporated in the judgment and such judgment may be modified as other judgments for divorce, as per Mississippi divorce law.

3. If the parties are unable to agree upon adequate and sufficient provisions for the custody and maintenance of any children of that marriage or any property rights between them, Mississippi divorce law allows that they may consent to a divorce on the ground of irreconcilable differences and permit the court to decide the issues upon which they cannot agree. Such consent must be in writing signed by both parties personally must state that the parties voluntarily consent to permit the court to decide such issues which shall be specifically set forth in such consent and that the parties understand that the decision of the court shall be a binding and lawful judgment, according to Mississippi divorce law. Such consent may not be withdrawn by a party without leave of the court after the court has commenced any proceeding including the hearing of any motion or other matter pertaining thereto. The failure or refusal of either party to agree as to adequate and sufficient provisions for the custody and maintenance of any children of that marriage or any property rights between the parties or any portion of such issues or the failure or refusal of any party to consent to permit the court to decide such issues shall not be used as evidence or in any manner against such party under Mississippi divorce law. No divorce shall be granted pursuant to this subsection until all matters involving custody and maintenance of any child of that marriage and property rights between the parties raised by the pleadings have been either adjudicated by the court or agreed upon by the parties and found to be adequate and sufficient by the court and included in the judgment of divorce. Appeals from any orders and judgments rendered pursuant to this subsection as per Mississippi divorce law may be had as in other cases in chancery court only insofar as such orders and judgments relate to issues that the parties consented to have decided by the court.