Joint Complaint For Divorce Mississippi Withholding
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FAQ
Unfortunately, absent an agreement to proceed on irreconcilable differences, a divorce can be granted in Mississippi only if one of the spouses proves a fault-based ground.
The divorce is filed in the chancery court of the county where the parties reside. If the parties have moved from the county they separated in, the case must be filed in the county where the defendant resides.
Mississippi gives more leeway to spouses who want to fight a divorce than many other jurisdictions. With 'irreconcilable differences' off the table, the divorce-seeking spouse will have to provide fault-based grounds for divorce. The other spouse can contest their grounds in an effort to stop the divorce proceedings.
A divorce will not granted simply because he or she no longer desires to be married to the other person. Without a fault-based ground for divorce, both parties must be in agreement and give consent to an irreconcilable differences (or ?no fault?) divorce.
If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out. Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.