Category Archives: Irreconcilable differences

Marriage is a Fundamental Right, Divorce is NOT.

The United States Supreme Court has ruled that you have a fundamental right to marry the person of your choosing. See Loving v. Virginia, Zablocki v. Redhail, and Obergefell v. Hodges.

This is especially true in Mississippi, but only with regard to the right to marry.

Mississippi is 1 of only 2 states in the US that does not recognize a married person’s absolute right to a divorce. South Dakota is the other state. This means that in Mississippi your spouse has to agree to the divorce and ALL of the terms of the divorce (irreconcilable differences) OR you have to have Fault Grounds against your spouse that you can prove to the satisfaction of a Judge.

If there is no agreement by the spouses OR you do not have OR cannot prove fault grounds you will just stay unhappily married.

So, what happens if your spouse will not agree and you cannot prove grounds? You stay married or you move away. Those are your options.

Matthew Thompson is a Family Law Attorney in Mississippi and can help you get out of being unhappily ever after.

60 Days = Divorce?

Sixty days and you are divorced is NOT the law in Mississippi.

§ 93-5-2 – Divorce on ground of irreconcilable differences

“(4) Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard... the provisions of Section 93-5-17 to the contrary notwithstanding.”

60 days is NOT a deadline. It is a minimum, mandatory waiting period. It provides sufficient time for a cooling-off period and typically sufficient time to do all of the things necessary to complete the paperwork required in an Irreconcilable Differences divorce.

You are NOT automatically divorced on day 60 or 61. It means that AFTER 60 days the completed paperwork may be presented to the Chancellor for their review and approval.

Additionally, all of the paperwork does NOT have to be completed before you file and the Court will keep the file open for at least 12 months with no additional activity. This means at any point after the initial filing and 60 days, a divorce may be presented and finalized.

Matthew Thompson is a “No Fault” divorce attorney in Mississippi.

Happy Birthday! Donate to Mississippi Legal Services

In lieu of birthday presents this year, I’m asking that you consider making a donation to Mississippi Center for Legal Services Corporation.

Legal Services afforded me my first legal “job!” The summer of my first year of law school I volunteered with them. I was assigned to work with an amazing attorney, Lula Anderson.

Attorney Anderson was one of the contract family law attorneys at the time and I heard Irreconcilable Differences Divorce 101 more times than I could count that Summer. Due to that experience it helped me get a paying clerkship with the family law firm Chinn & Associates, paving the way for Thompson Law Firm.

I’ve chosen this nonprofit because their mission means a lot to me. Legal Service’s attorneys represent low income families, pro bono, in Mississippi that need civil representation.

A lot of the great people I worked with are still there, including; Tara Bryant Walker, Richard Hitt, and Lindia Robinson just to name a few.

Since establishing my own firm, I have continued to volunteer with Legal Services. I now serve on the Board of Directors and routinely speak at Continuing Legal Education seminars for Legal Services. I’ll be presenting a Family Law Update on July 27 in Hattiesburg.

I hope you’ll consider contributing as a way to celebrate with me. Every little bit will help the goal.

This link goes to the Facebook donation page.

331197450751450/331197460751449/https://www.facebook.com/donate/

No Facebook? Donate directly here.

Matthew Thompson is a Mississippi Family Law attorney and Board member with Mississippi Center for Legal Services.