In Mississippi it can be very difficult to be awarded a divorce.  There are basically two ways to get a divorce.

The most common way is Irreconcilable Differences.  This is what is referred to as “no fault.”  However, MS is NOT a true no fault state, so in order to get a divorce on Irreconcilable Differences both parties have to agree to the divorce AND all the terms of the divorce, including; custody, visitation, support, alimony, division of the assets and debts.  If there is no agreement to all of the issues there may not be a divorce.

The other way to get a divorce in MS is based upon Fault Grounds.  In order to get a divorce on Fault Grounds you have to sue based upon fault grounds and prove your case.  Most commonly fault includes; adultery, cruelty, drug use, drunkenness, and abandonment.  There are a few other Fault Grounds, but are rarely used; incest, bigamy, insanity, etc.

It can be a frustrating circumstance when you and the other party cannot agree to all issues and neither party has grounds.  You may be stuck.  In this instance one party may resort to divorce blackmail, which is alive and well in MS.

Matthew Thompson is a Family Law attorney and cautions that divorce 2-ways can be caused by 3-ways.

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