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What fault can I base on if any

 
 
Wed 30 Nov, 2011 12:35 pm
Hello

I tried to get an uncontested divorce but my spouse will not agree to the divorce and now says he wants to make it work. This has been heard before. We have 3 children and I am requesting primary custody with visitation to him. In Mississippi is my only next option a fault based divorce if so I am unclear on what grounds I can use. My spouse did hit me once and I caught him in a adulterous situation but at the time I had no means to move out and could not and my lawyer informed that I can't use adultry as a fault. My spouse never helpded with our children constantly yelled and scream to the point where my children ask why he is always angry and I just can't stand being around them anymore. Is there a fault I can use to cover this or am I stuck in the marriage?
 
DrewDad
 
  2  
Wed 30 Nov, 2011 12:46 pm
@confusedtina,
There's a difference between "no fault" and "uncontested."

A quick google search of "no fault divorce mississippi" turned up this:

http://www.document-do-it-yourself-service.com/divorce_laws/mississippi_divorce_laws.html

Quote:
Mississippi Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences


Grounds for a Fault based divorce:
(1) Impotence
(2) adultery
(3) imprisonment
(4) drug addiction and/or alcoholism
(5) confinement for incurable insanity for at least 3 years before the divorce is filed
(6) wife is pregnant by another while married
(7) willful desertion for at least 1 year
(8) cruel and inhuman treatment
(9) spouse lacked mental capacity to consent
(10) incest

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in Mississippi, the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

An Agreed Divorce , defined by Mississippi divorce guidelines and Mississippi divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Mississippi property distribution, Mississippi child support, or Mississippi child custody. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.

A Default Divorce , according to the Mississippi divorce guidelines and Mississippi divorce laws, is a divorce where the other spouse doesn’t sign the Mississippi Divorce forms or Mississippi divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case and the spouse who files for divorce gets whatever was asked for in the original paperwork.


There are resources available online for creating the paperwork yourself, or you could contact a lawyer that specializes in divorces.
confusedtina
 
  1  
Wed 30 Nov, 2011 02:17 pm
@DrewDad,
Thanks for the response. Im sorry if i was unclear. I tried a no fault divorce and he got an attorney and basically said he does not agree to the divorce. Now I assume I have to do a fault divorce and im trying to ensure that one of the faults you listed I can use. To my understanding if I can't use any of the listed faults in the list you provided can I not get the divorce? Or based on the situation I described is there a "catch-all" fault I can try to get this started on
Mame
 
  3  
Wed 30 Nov, 2011 08:30 pm
@confusedtina,
I don't believe you can't get a divorce. Are you still living together? Why not just move out or stay away and not discuss reconciliation with him? Why the urgency for the divorce?

Often one of the separated parties will find another partner, which makes them more eager for the divorce. Why not just wait him out?

I'm not clear on how the divorce wasn't granted just because one of the parties said they didn't want it.

Can you move to another state where you could get one more easily?

Also, why not see a lawyer? Legal Aid or Public Defender or whatever they call it where you live. Surely you qualify.
roger
 
  1  
Wed 30 Nov, 2011 10:15 pm
@Mame,
It sounds like the divorce wasn't granted because the court wasn't presented with a petition. From what DD posted, it sounds very much like irreconcilable differences is adequate cause, whether the opposing party agrees or not. There really is a difference between 'no fault' and 'uncontested'. I also don't believe she can't get a divorce, but a different attorney may be called for.
0 Replies
 
confusedtina
 
  1  
Thu 1 Dec, 2011 08:37 am
@Mame,
Sorry once again for the confusion. The no fault divorce is what I was trying to get and my spouse fought it. So my attorney tells me it now has to be a fault divorce. I have not lived with my spouse for nearly a year now. From the situation I described, I am trying to determine what fault I can base a Fault base divorce on. I attempted irroconsiable difference and my spouse fought it. And finally no I do NOT want to work it out with him, I just no longer want to be married to him.
DrewDad
 
  2  
Thu 1 Dec, 2011 09:03 am
@confusedtina,
Consult a different attorney.

It sounds to me like your attorney may not be completely reliable.
0 Replies
 
joefromchicago
 
  4  
Thu 1 Dec, 2011 11:04 am
@confusedtina,
confusedtina wrote:

Sorry once again for the confusion. The no fault divorce is what I was trying to get and my spouse fought it. So my attorney tells me it now has to be a fault divorce. I have not lived with my spouse for nearly a year now. From the situation I described, I am trying to determine what fault I can base a Fault base divorce on. I attempted irroconsiable difference and my spouse fought it. And finally no I do NOT want to work it out with him, I just no longer want to be married to him.

From my cursory review of the Mississippi law, your lawyer is correct: if the parties cannot agree to a no-fault divorce, then you have to allege one or more of the twelve accepted grounds for dissolution of marriage and obtain a contested divorce. Those grounds were listed above. Unless your husband is a drunk or a drug addict or involved in an affair, your best bet is probably "habitual cruel and inhuman treatment." Your lawyer can tell you what a court would look for in determining what constitutes such treatment.
0 Replies
 
PUNKEY
 
  1  
Sun 4 Dec, 2011 08:35 am
Get a woman attorney.
MinkaBlinka
 
  1  
Mon 9 Oct, 2017 02:35 am
@confusedtina,
You could get a counselor or talk to your attorney about a guardian at litem for the kids?
Maybe something will come out of their mouths to someone that help all of you
0 Replies
 
Agent1741
 
  0  
Mon 4 Jun, 2018 08:20 pm
I am not a lawyer but once you have been living apart for a certain amount of time is that not sufficient grounds for a divorce even if one party does not want it?
0 Replies
 
sarahanry
 
  0  
Wed 6 Jun, 2018 12:15 am
@PUNKEY,
hahahahahaha
0 Replies
 
 

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