Fault and No-Fault Divorce: An Overview of Grounds
What is a no-fault or uncontested divorce?
A no fault divorce, also known as an irreconcilable differences divorce, occurs when both spouses agree to the divorce and its terms. In this variety of divorce, neither spouse has to prove that the other did something wrong. The process to complete a no-fault divorce is not messy or drug out. In fact, it can be finalized in just 60 days upon the filing of the joint complaint for divorce.
What is a fault-based divorce?
A fault-based divorce, or a contested divorce, is filed when one spouse requests a divorce based on some fault of the other. The fault claimed by the filing spouse must fit into the grounds for your state and must be able to be proven in court.
A no-fault divorce can be a simple and low cost way to get a divorce in just about two months. These can be finalized in just 60 days after filing the joint complaint for divorce.
How to get a fault-based contested divorce:
Grounds for a fault-based divorce differ from state to state.
Grounds for contested divorce in Mississippi:
In order to file a contested divorce in the state of Mississippi, you must claim one or more of the state’s 12 grounds. You must prove that your spouse:
is naturally impotent
committed adultery
is sentenced to any jail or prison without pardon
deserts you for one year
is habitually drunk
excessively and habitually uses opium, morphine or other similar drugs
habitually treats you in a cruel and inhuman way, including domestic abuse
had a mental illness or intellectual disability at the time of your marriage and you did not know
was already married to someone else when you wed
was pregnant by someone else when you got married and you did not know
is related to you
is incurably mentally ill
Grounds for contested divorce in Tennessee:
In the state of Tennessee, you must be able to show that your spouse:
is naturally impotent and incapable of procreation
committed adultery
is sentenced to any state penitentiary
deserts you for one year
refuses to move to Tennessee and has been apart from you in Tennessee for two years
is habitually drunk
abandons you and refuses to care for you while having the means to do so
excessively and habitually uses opium, morphine, or other similar drugs
habitually treats you in a cruel and inhuman way, including domestic abuse
attempts to take your life
was already married to someone else when you “married” each other
was pregnant by someone else when you got married and you did not know about the pregnancy
How do I protect myself, my children and my assets in any form of divorce?
While sometimes it is possible to reach decisions about child support, custody, and asset division through negotiation or mediation, it is not always the norm. If you and your spouse cannot come to an agreement on these things, it is crucial to hire an attorney who is experienced in family law and will put you first.
Mississippi and Tennessee divorce Lawyer
If you have any additional questions or need a divorce attorney in the states of Mississippi or Tennessee, contact attorney Amy Pietrowski.
