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What happens if my spouse doesn’t agree to the divorce?

On Behalf of | Jun 30, 2022 | Divorce

Filing for divorce is often much easier when both spouses are on the same page about ending the marriage. In such cases, you can file for an uncontested divorce based on irreconcilable differences.

However, sometimes only one spouse wants out of the relationship, while the other spouse wants to keep working on things. Legally, a divorce that only one spouse wants is referred to as a contested or fault-based divorce. Mississippi courts will only grant a contested divorce if the spouse filing for divorce can cite a valid, legal reason for the divorce.

What are grounds for a fault-based divorce in Mississippi?

In Mississippi, there are eleven fault grounds to cite to when filing for a contested divorce. Some of these grounds include:

  • Adultery
  • Desertion (for at least one year)
  • Prison sentence without pardon
  • Habitual drunkenness or drug abuse
  • Habitual cruel and inhumane treatment
  • Insanity
  • Incurable mental illness
  • Pregnancy with person outside the marriage
  • Incest
  • Natural impotency

If you are the one filing for a contested divorce, it will be your job to prove to the court that one of the legal grounds for divorce. Your spouse will then have the opportunity to rebut your allegations before the judge makes a final decision as to whether to grant your divorce. Once the divorce is granted, it may take around 60 days before the divorce is finalized. A family law attorney in your area can make sure you present your case in the best way possible and help make sure you get the divorce you are seeking.