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What happens if your spouse won’t cooperate in a divorce?

On Behalf of | Sep 1, 2021 | Divorce

When a couple decides that they can no longer be together and that their marriage is heading for a divorce it is often a difficult time for a Mississippi couple. But occasionally both spouses don’t agree that a divorce is the only option. One spouse may not want the marriage to end so what options does a person have in this situation?

Divorce proceedings can be difficult enough when both spouses agree to the divorce. But a divorce can be even more challenging if only one spouse wants the divorce. Under Mississippi law if there are adequate grounds it is possible to obtain a divorce without the other spouse agreeing to it.

Grounds for divorce

If one spouse does not agree to a divorce one spouse can file for divorce if it falls under one of the 10 grounds for fault in Mississippi. This process would include:

  • Serve papers to the spouse notifying them of the divorce.
  • The spouse has an opportunity to respond to the Summons and Complaint.
  • If spouse doesn’t respond or show up to court the other spouse can be granted a divorce if they go to court and bring a witness to corroborate their story.
  • If a spouse wants to file under “irreconcilable differences” (no fault divorce) then both spouses must sign the paperwork.

Family law attorney

If a person wants to obtain a divorce, then they may want to speak with a legal professional who is skilled in family law. An attorney understands that their client is going through one of the hardest times of their lives and needs someone to help guide them through this process. They can advise their client on how the divorce process works and can make sure their client’s needs are protected both now and into the future.