Tag Archives: divorce laws

Mississippi; Still #1 in the most difficult state to get a divorce…

This is not a pro divorce post. This is a common sense divorce post.

48 States* have divorce laws that allow for a divorce if one party seeks a divorce. Mississippi does not allow this. Mississippi requires either an agreement to all terms or you must have fault grounds.

A recent Bill attempted to add as a fault ground, actual separation for a period of 3 years:

Thirteenth.* Willful and continued separation without cohabitation, with the intent not to return or resume or otherwise continue the marital relationship, for not less than three (3) years. Either party may have a divorce based on this cause.

This Bill, authored by Sally Doty, never made it out of committee and died.

Why should you care? Because Mississippi law, as it exists right now, promotes divorce blackmail.

You can be anti-divorce and still acknowledge that some people need to be divorced, even absent adultery and abuse.

*South Dakota is the other state that does not recognize true no-fault divorce.

*There are currently 12 fault grounds for divorce in Mississippi.

Matthew Thompson is a Family Law attorney and is in favor of amending the divorce statutes.

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Being NOT Divorced Does Not a Marriage Make.

In Mississippi it can be ridiculously hard to get a divorce. Untying the knot can be quite the task…

Mississippi is NOT a true “No Fault” divorce state. Instead, MS requires the parties agree to the divorce and all the terms for an Irreconcilable Differences Divorce and absent that agreement you must have Fault Grounds, that can be proven.

If no agreement and no Fault Grounds, guess what? You cannot get divorced, but that does not mean you have a marriage!

Sure, legally you are married, but there is no requirement that you reside with your spouse and even if you commit an act which would entitle your spouse to a divorce it does not mean you can get the divorce- – only if they choose to seek fault grounds against you.

Time and again legislation has been proposed to eliminate this “divorce blackmail” chasm that is MS law. Time and again any compromise on divorce law has died on the vine under the auspices of “protecting families.”

Families are not being protected by laws which create legal blackmail situations. This change, by the way, if it ever happens is contrary to divorce lawyer’s self interests!  If there is a more reasonable process to get a divorce, divorce lawyers make less money.

Marriages are wonderful blessings, unless they are not.  It’s time for Mississippi laws to reflect that.

Matthew Thompson is a Divorce attorney in Mississippi and can help you untie the knot that became a “noose.”

Follow the blog: BowTieLawyer