Divorce can bring intense emotions, and it is not uncommon for people to have second thoughts after starting the legal process. In Mississippi, reversing course is possible, but only under certain conditions. Because Mississippi does not offer unilateral no-fault divorce, the process typically involves one spouse filing on fault-based grounds or both parties jointly pursuing a divorce based on irreconcilable differences.
The divorce timeline
A typical divorce in Mississippi begins when one spouse files a complaint citing one of the state’s recognized fault-based grounds, such as adultery, habitual drunkenness, cruelty or desertion. Alternatively, both spouses may agree to file for divorce based on irreconcilable differences, which still requires mutual consent.
After the complaint is filed and served, the case may proceed to temporary hearings to address immediate concerns like custody, support or property use. During these early phases, a spouse can move to dismiss the action if both parties agree or if the responding party has not yet filed a counterclaim.
Dismissing a divorce case
When both parties choose to reconcile, they may jointly request that the court dismiss the divorce proceedings as long as a final judgment has not yet been entered. In cases where only one spouse wishes to stop the proceedings, a motion to dismiss may still be possible, provided the other party has not filed responsive pleadings asserting counterclaims. Once significant steps like discovery or hearings occur, the process becomes more difficult to halt.
When it is too late to reverse
Once the court enters a final judgment of divorce, the legal bond is severed and the process cannot be undone. At that point, the only way for a couple to reunite in the eyes of the law is to remarry. This makes it important to act quickly if there is any intent to stop the divorce before the court finalizes it.
Mississippi’s divorce process allows for dismissal under the right circumstances, but those opportunities diminish as the case progresses. Because the state does not permit unilateral no-fault divorce, mutual agreement is often required both to begin and to end the process. Acting early can help preserve options for reconciliation before the court issues a final order.