In Mississippi, there are 12 grounds on which people can divorce. Like other states, there is the option of a no-fault divorce. However, if you can't agree on settlement terms for child support, custody, alimony and property division, then you may need to sue the other party for a divorce. That's when one of the 12 faults comes into play.

Before you can file for the divorce, you need to be a resident of the state for six months or longer. If you're separating based on irreconcilable differences, then you have a 60-day waiting period before you can divorce. Other grounds have no waiting period other than a 30-day waiting period before trial.

What are the grounds for divorce in Mississippi?

The grounds for divorce include:

  1. Desertion
  2. Natural impotency
  3. Pregnancy by another person at the time of marriage
  4. Idiocy/Insanity (pre-existing conditions)
  5. Adultery
  6. Habitual cruel and inhumane treatment
  7. Incest
  8. Bigamy
  9. Habitual drunkenness
  10. Excessive drug use
  11. Custody to the Mississippi Department of Corrections
  12. Incurable insanity (after marriage)

With so many divorce faults possible, most people have no trouble choosing a fault or going through a no-fault divorce. If you'd like to go through a no-fault divorce despite disagreeing about your settlement, then you will need to resolve the settlement issues through mediation, negotiation or arbitration before you go to court.

Whatever you decide to do, it's a good idea to work closely with your attorney to make sure you file documents on time and have the evidence you need to back your claims against the other party. The right help makes a difference in the length and cost of your divorce.

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