Tag Archives: No fault

Mississippi Considers Irretrievable Breakdown…Again.

02/28/2023 BowTieLawyer Leave a comment

Mississippi considers legislation to make common sense changes to Family Law.

Pending before the Senate is an Act to amend MCA SECTION 93-5-1, to delete the requirement of “WILLFUL AND OBSTINATE” from the ground of desertion and to provide an additional ground when the “COURT FINDS THERE HAS BEEN AN IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE AND THAT FURTHER ATTEMPTS AT RECONCILIATION ARE IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTERESTS OF THE PARTIES OR FAMILY…”

This proposal is significant because it would allow for a divorce if the parties have been separated for over a year, regardless of the reason and additionally would allow the Court to divorce a couple if the Court was convinced the marriage was over and beyond repair, regardless if other fault grounds existed. These are just common sense changes.

These changes would bring Mississippi closer in line with 48 other states with regards to divorce. While still not a true no-fault provision, this allows for the possibility of relief in most cases when it was previously not. What do you mean by that, you ask? Financial/divorce blackmail is legal in Mississippi under its current law.

Mississippi does NOT have a no-fault divorce option. Either you have fault grounds or an agreement to all issues between you and your spouse and if you have neither of those, you cannot get a divorce in Mississippi.

These changes, or something similar, are kicked around every year. Last year a blue-ribbon panel assembled by the legislature recommended changes and it didn’t happen. These are much needed and will actually help serve and protect families in Mississippi.

Matthew Thompson is a Family Law attorney in Mississippi and supports these changes. (601) 850-8000

Divorce, Irreconcilable differences, Marriage, Opinion

Somebody can always do it cheaper…is that better?

04/23/2020 BowTieLawyer Leave a comment

Cheaper is NOT always better.

Everyone wants a good deal, myself included. However, often in life you get what you pay for!

We’ve all seen the advertisement for the $500 divorce. That could be a really good deal if everything is agreed, it’s just drafting papers and sending for entry.

But, is it a good deal when it doesn’t work? Is it a good deal when it does work, but you weren’t advised of your rights. You did not know about all of the financial and equitable relief you could have gotten.

I’ve seen agreements where the parties agreed to maintain a million dollar whole life insurance policies. They had no idea what that meant or what expense that really involved.

I’ve seen agreements that have not included the correct child support and included terms so onerous a Court would never order it otherwise.

My advice is this, if you spent more than $500 to get married, plan on spending more than $500 to get divorced.

Matthew Thompson is a civil litigation attorney in Mississippi.

Divorce, General Legal, Opinion

Where to Get a Divorce…When you Cannot Get a Divorce in Mississippi.

04/26/2018 BowTieLawyer Leave a comment

It could be IMPOSSIBLE to get a divorce in Mississippi!

Mississippi is one of two States that requires either an Agreement to all issues to get a divorce or absent that complete agreement, requires corroborated proof of fault grounds against your spouse.

So, if your spouse does not agree for any reasons you must have fault grounds. However, all is not lost. Lots of conduct, bad conduct, could be considered fault grounds…

Additionally, you can leave the state. While not always a great option it can work and in a few circumstances, Mississippi law would “require” it if you had to have a divorce.

48 other states essentially provide if you want a divorce you can get a divorce, but they also have certain jurisdictional/residency requirements to be able to seek relief from those Courts.

Mississippi requires you be a resident for 6 months, with the intent to remain and you may not move here for the purpose of seeking a divorce, not that any sane person would.

Washington State: No minimum in-state residency requirement.
Wyoming: None if the marriage occurred in the state and the filing spouse has lived in Wyoming since the marriage date. Otherwise, 60 days.

Nevada: 45 days
Spouse filing for divorce must plan to live in state indefinitely.
Must file sworn affidavit from a Nevada resident having personal knowledge of the filing spouse meeting the minimum residency requirement.

Alabama: No in-state minimum if both spouses live in state. 180 days if only one spouse lives in state.

I have included other states for informational purposes only. I am only licensed in Mississippi and cannot give advice regarding other state laws. The link provided was found on the internet! Caveat emptor!

Matthew Thompson is a family law attorney in Mississippi and supports a “walking around sense” change to Mississippi law.