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Can I stop the divorce by refusing to participate?

On Behalf of | Oct 28, 2024 | Divorce

Divorce can be an emotionally draining experience, and you might feel tempted to avoid the entire process. However, in Mississippi, refusing to participate in a divorce does not prevent it from moving forward. In fact, avoiding your spouse’s efforts can work against you.

Fault-based and no-fault divorces

Mississippi recognizes both fault-based and no-fault divorces. Fault-based divorces are granted when one spouse alleges wrongdoing, such as adultery, desertion or habitual substance abuse. If your spouse files for a fault-based divorce and you refuse to respond or take part, the court can still move forward based on the evidence presented by the other party. Your refusal will not halt the process, and you may lose the opportunity to defend yourself.

Default judgments

If you ignore divorce proceedings, the court can issue a default judgment against you. This means the court will make decisions about key matters, like property division, alimony, child custody, etc., without your input. The result is often less favorable than if you had participated. In essence, not showing up can lead to a one-sided outcome, with the court granting your spouse what they have requested.

Service by publication

If you cannot be located or are actively avoiding service of divorce papers, Mississippi law allows your spouse to serve you by publication. This involves notifying you through a local newspaper. Once this notice has been published for a specific period, the court can proceed with the divorce even if you remain unresponsive. Avoiding service does not stall the process indefinitely. It merely delays the inevitable.

In Mississippi, ignoring a divorce will not stop it. Instead, it is in your best interest to actively participate in the process to protect your rights and interests. Refusing to do so can leave you with an outcome that may not be in your favor, especially regarding important financial and family matters.