Tag 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.

Don’t Set Your Wedding Date before the Divorce is Final

Yesterday’s blog regarding not getting re-married on the same day as your divorce inspired some additional excellent advice…

Do NOT set your Wedding Date before the divorce is FINAL.

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Obviously, you cannot get re-married if you have a pending divorce. However, you should not set the date to marry your one, true beloved, counting on the divorce to go through from your demented, soon-to-be-ex on time, every time.

Divorce is not Amazon Prime. There is no guaranty that it will be there with next day shipping. In fact, routinely, something occurs to delay the process.  A signature page was left blank or someone forgot to notarize all of the documents. Sometimes the Court is not available on day 61 to enter it and sometimes people change their minds.

Matthew Thompson is a Mississippi divorce  attorney and advises you to wait until the divorce is final before setting the date for wedded bliss.

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(601) 850-8000            Matthew@bowtielawyer.ms