I was looking back over some of my old posts, and I was surprised that I had not yet covered non-contested divorces in Mississippi, or as their properly called, “irreconcilable differences” divorces (abbreviated to “ID Divorce”).
Mississippi does not have true no-fault divorce. If you want a divorce without having grounds for the divorce, you and your spouse must agree to end the marriage. You can leave certain issues, such as property division and child custody, for the court to decide, but there can be no disagreement concerning the desire for divorce.
Sometimes, even when there are grounds for the divorce, the divorce papers will be filed on a fault basis, but alternatively seeking an irreconcilable differences divorce. This is done in case the spouse contesting the divorce later changes his/her mind; it’s easier to then dismiss or withdraw the contested grounds and proceed with the ID Divorce.
This week, the Mississippi Court of Appeals heard a case in which this was not done. The judge found that the wife was not entitled to the contested divorce on the basis she sought, but at the conclusion of the trial, the judge told the parties that she could grant them an ID divorce if they could agree.
A few days later, the couple filed a consent to divorce, but there was never a withdrawal of the contested grounds. Despite this mistake, the trial court granted the divorce on the basis of irreconcilable differences.
The husband later filed an appeal contesting the judge’s decision regarding the property division. I bet both parties were surprised when the Court of Appeals came back and essentially said, “You were never divorced, so we can’t decide the issue of property division.”
Don’t worry. Our unhappy couple will still be able to live their separate lives. The Court of Appeals sent the case back to the trial court for the couple to follow the correct procedure.
I wonder if the judge doesn’t change the property settlement if the husband will again appeal? My guess is he will. Can you figure out what makes me say that?
Hattiesburg attorney Tim Evans can help you if you’re thinking about a divorce, whether it’s contested or non-contested. For a free consultation, give him a call at 601-583-1500 or send him an email.
Related posts:
- I’ve Changed My Mind: I Don’t Want a Divorce Usually, people only come to see a divorce lawyer after...
- Getting Un-Divorced Did you know in Mississippi, it’s possible to get “un-divorced?”...
- Is It Too Easy to Get a Divorce? Many people think it is too easy to get a...
- Can I Get a Divorce? Most people understand that if both they and their spouse...
- Expect the Unexpected Yesterday, the Mississippi Court of Appeals handed down a decision...
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