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Irreconcilable Differences Divorce

Mississippi is almost the only state that has not enacted a true “No-Fault” divorce.  A true “No-Fault” divorce generally allows for divorce based upon proof by one of the parties that the marriage is irreparable (which is easy to do most of the time).

To obtain a divorce on the ground of Irreconcilable Differences, both spouses must consent to the divorce and the petition must be on file for sixty days before it can be granted.  Most of the time, if both of you are ready to get a divorce, eventually you will be able to agree on property distribution, child custody, and child support before a divorce can be granted.

If both of you cannot agree on the issues, then you two may agree to allow the judge to decide the disputed issues. The judge has no authority to decide any issues in an Irreconcilable Differences divorce unless the parties have agreed to such in writing.  Also, even if the parties agree on all issues, an attorney can only represent one party, not both.

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