I wanted an no-fault divorce but in fear that my wife would cause problems

Aug 8, 2012 by

Question: 

Hi – I want to know what would be my situation if I wanted an no-fault divorce but in fear that my wife would cause problems in order to just agreeing what would be mostly i would be looking at going through i don’t have much money to just fight in court over anything she could have everything I’ll agree to pay child support no problem(1 child) please let me no what turn i would have to take.

State: 
Mississippi

Answer: 

When you file for divorce, you must state the grounds upon which the divorce is being sought.  Under Mississippi law, you can file for no-fault divorce on the grounds of irreconcilable differences.  A no-fault divorce basically means that you will not have to prove the grounds on which the divorce is being sought and there will be less fighting in court.  Mississippi also allows fault divorce on the following grounds:  (1) impotence, (2) adultery, (3) incarceration, (4) abuse of alcohol or drugs, (5) insanity for up to three years, (6) wife being pregnant by another man without her husband knowing it, (7) willful desertion for at least one year, (8) cruel and inhuman treatment, (9) one spouse does not have the mental capacity to consent to a divorce, (10) Incest. 

A no-fault divorce will be granted by the court if you and your wife both sign the complaint (document asking for a divorce from the court).  If your wife does not sign it, then you must file the complaint and properly serve her divorce papers.  Assuming she consents to the divorce, then the next question is what are the terms of the divorce.  If you and your wife are able to agree to the terms of the divorce (child custody and support, division of property), and put these agreements in writing, this would be considered an uncontested divorce and the court will likely incorporate your agreement into the divorce.  This would be the least expensive route to divorce. 

If you cannot agree on the terms of the divorce, then you and your wife can consent in writing to allow the court to decide all contested issues.  A hearing will probably be scheduled.  As long as you and your wife both agree to a divorce on the grounds of irreconcilable difference, the process should still be relatively inexpensive.

If you file for a no-fault divorce on the grounds of irreconcilable differences, but your wife denies irreconcilable differences, then a divorce will not be granted on these grounds.  You or wife must then file a divorce complaint on one of the fault grounds listed above and prove it in court.  For example, if you file for a fault divorce based on adultery, you must prove that your wife committed adultery based upon a preponderance of the evidence (more likely true than not).  This route to divorce will be more expensive and contentious.  Ideally, if you want a less expensive divorce, you and your wife will be able to agree to a divorce on the grounds of irreconcilable differences and either agree to the terms of the divorce or consent to the court’s decision on the terms.

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

 

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