Q&A: IRRECONCILABLE DIFFERENCES DIVORCE IN MISSISSIPPI
WHAT IS AN IRRECONCILABLE DIFFERENCES DIVORCE?
HOW MUCH DOES AN IRRECONCILABLE DIFFERENCES DIVORCE COST?
WHAT IS AN IRRECONCILABLE DIFFERENCES DIVORCE?
An irreconcilable differences, or uncontested, sometimes called an "IDD," divorce in Mississippi is a divorce where both of the parties agree to divorce. This is the easiest type of divorce. It is the first option that is often suggested to divorcing couples in order to save time, stress, and money.
HOW LONG DOES THE PROCESS TAKE?
HOW MUCH DOES AN IRRECONCILABLE DIFFERENCES DIVORCE COST?
WHAT IS AN IRRECONCILABLE DIFFERENCES DIVORCE?
An uncontested divorce in Mississippi takes at least sixty (60) days. The statutory waiting period, or period by law, is sixty (60) days. Though there is a waiting period, an irreconcilable differences divorce, takes less time and is far less expensive as compared to a fault based divorce. If a divorcing couple can work out an agreement an irreconcilable differences divorce will provide the most affordable and expedient option for the couple.
HOW MUCH DOES AN IRRECONCILABLE DIFFERENCES DIVORCE COST?
HOW MUCH DOES AN IRRECONCILABLE DIFFERENCES DIVORCE COST?
HOW MUCH DOES AN IRRECONCILABLE DIFFERENCES DIVORCE COST?
The party must pay a filing fee to the court for the filing of the irreconcilable differences divorce, and the filing fee varies from county-to-county. In Harrison County, Mississippi the filing fee for an irreconcilable differences divorce is $168.00. This fee is payable directly to the clerk of the court, and is apart from the fee that the attorney charges.
HOW MUCH WILL I HAVE TO PAY AN ATTORNEY?
CAN THE ATTORNEY REPRESENT BOTH SPOUSES?
HOW MUCH DOES AN IRRECONCILABLE DIFFERENCES DIVORCE COST?
If the divorcing couple is agreeable to the divorce and all of the related issues, generally the attorney’s fee will be a flat fee, or a set amount for the divorce from start to finish. The amount of the flat fee is dependent upon the issues involved in the divorce, for example a divorce with children will be more involved and more expensive than a divorce without children. Additionally, there may be additional documents which must be drafted beyond the complaint for divorce and order for divorce, such as property deeds, Qualified Domestic Relations Order (QDRO) relating to a retirement plan, etc.
CAN THE ATTORNEY REPRESENT BOTH SPOUSES?
CAN THE ATTORNEY REPRESENT BOTH SPOUSES?
CAN THE ATTORNEY REPRESENT BOTH SPOUSES?
Our firm can only represent one spouse in a divorce. However, our office can draft the divorce documents and the other spouse can review the documents on their own. It is not uncommon for only one party to have an attorney, while the other party represents him/herself pro se. It will be his/her decision as to whether or not to hire an attorney. An attorney can only represent the interests of one party.
WHAT IF WE CANNOT AGREE TO EVERYTHING ?
CAN THE ATTORNEY REPRESENT BOTH SPOUSES?
CAN THE ATTORNEY REPRESENT BOTH SPOUSES?
If there is an issue with the terms of the divorce the uncontested divorce can become a contested matter. Under Mississippi law the parties can agree to the divorce itself, and then have a trial on the other issues. However, if the parties must have a trial for the judge to decide the issue then it will be much more costly. It is customary for the parties to negotiate back and forth before settling on the final terms of the divorce; however, ideally, the parties will have all of the matters resolved between one another before moving forward with the divorce.
HOW DOES AN UNCONTESTED DIVORCE WORK?
These are the main steps in an uncontested divorce:
- The parties agree that they are going to file for divorce based upon irreconcilable differences, or that the marriage is irretrievably broken and the couple cannot reconcile the differences.
- The husband or wife schedules an appointment with our office to discuss the case, including the agreement between the parties, the legal standards, etc.
- The client signs a retainer agreement and makes payment of the attorney’s fee as agreed upon.
- Our office drafts the uncontested divorce paperwork for your review.
- The uncontested divorce is sent to your spouse or spouse’s attorney for review.
- After the agreement is completed, both parties sign the paperwork.
- The divorce is filed with the court. (The Complaint for Divorce can be filed at the beginning of the case to begin the sixty (60) day wait requirement.)
- A court hearing is scheduled for the divorce to be heard by the court. Attendance at the court hearing varies from county-to-county and from judge-to-judge. Generally, however, only the husband or wife must be in attendance.
- Our office drafts the court order granting the divorce, and the order is filed with the court after the judge’s signature.
- Both parties are provided with a copy of the divorce which is certified by the clerk of the court.
WHY MAY AN UNCONTESTED DIVORCE BE MY BEST OPTION?
The less attorney and court involvement in the divorce the less money you and your spouse will spend obtaining a divorce. An irreconcilable differences divorce has the following advantages:
- An irreconcilable differences divorce provides the advantage of time. Though by law there is a sixty (60) day waiting period, an uncontested divorce will take less time, money, and resources. There are many more steps and considerations in a contested divorce, and the party will be well beyond sixty (60) days if the case goes to trial.
- Divorce can take an emotional toll, particularly if there are children. An uncontested divorce is oftentimes easier. An uncontested divorce allows the parties to move forward more quickly after the divorce.
- An uncontested divorce is more affordable. The cost of the divorce includes the court filing fee and attorney’s fees for the preparation of the divorce documents and presentation of the divorce to the court.