Mississippi Divorce Attorney Talks about What Happens if You Decide You Don’t Want a Divorce

While most divorce cases end in, well, divorce, some of them don’t. From time to time, one or both of the parties in a divorce case decide that they wish to remain married. When this happens in a situation where both parties agree that they want to stay married, the couple must take action to stop the divorce proceedings before the divorce becomes final. If one person wants to continue with the divorce and the other does not all may not be lost, depending upon the circumstances.

In Mississippi, stopping a divorce may be easier than in other places because of the way that Mississippi divorce law works. When a party files a Complaint for Divorce which alleges one of the twelve fault-based grounds for divorce, it is said to be a contested divorce. If you are the defendant in a contested divorce and you don’t want a divorce, you can defend yourself and your marriage against the allegations that were made against you in the Complaint. The spouse who filed the Complaint bears the burden of proving the truthfulness of the allegations contained in the Complaint by providing evidence of the alleged misconduct. When you are the defendant, your attorney can present evidence which tends to disprove the alleged misconduct, and they can also present affirmative defenses on your behalf if circumstances warrant.

One of the affirmative defenses which may be available to you depending upon your situation is the defense of condonation. If you have, for example, been accused of adultery but your spouse has forgiven you and you have not engaged in further adulterous acts, your spouse can be said to have condoned or forgiven the initial act of adultery and is thereby barred from using that as grounds for a divorce. Another affirmative defense which may apply to your situation is recrimination, or the concept of “also guilty”. To take the adultery example further, if the divorce complaint against you alleges adultery and you have evidence that your spouse has also committed adultery, you can say that there has been recrimination because they also engaged in wrongdoing.

If your divorce complaint is based upon irreconcilable differences and not on fault, you may also be able to stop the divorce proceedings if you change your mind. In Mississippi, the consent of both parties is required before an irreconcilable differences divorce can be granted by the court. If one party revokes their consent in writing by filing a written withdrawal of consent with the court during the divorce proceedings, the court will be unable to finalize the divorce.

If at any point during your divorce case you begin to feel unsure about whether to go through with the divorce, let your attorney know right away. Your attorney can speak with your spouse’s attorney, and if everyone agrees, things can be put on hold for a little while in order to give you and your spouse time to explore the idea of reconciliation. It is important that you both keep your attorneys apprised of any progress or lack thereof during this break in the action, as the court could dismiss your case for lack of progress.

Consulting with a Mississippi Divorce Attorney when you are contemplating divorcing your spouse can help you to decide whether and when to file for divorce. Call Mississippi Divorce Attorney Matthew S. Poole today, at (601) 573-7429 to learn more.

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Mississippi Divorce Attorney Talks about What Happens if You Decide You Don’t Want a Divorce
Mississippi Divorce Attorney discusses divorce alternatives.