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.
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.
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.
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.
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.
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.
These are the main steps in an uncontested divorce:
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:
The issues of a divorce are very fact dependent. If you are looking to divorce our office will work with you to attain the most beneficial solutions possible. We will provide clear guidance to obtain the best possible result.
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