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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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I am trying to get a no-fault divorce and have moved out of

Customer Question

I am trying to get a no-fault divorce and have moved out of our home. I've been gone for the past 19 months, but my spouse refuse to sign. I'm only asking for part of the equity we have in our home or for him to pay me out. Mind me not, I do not plan on returning, he think we should stay together. Is there any way of getting a divorce without his agreement.
Submitted: 5 years ago.
Category: Family Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

Absolutely. Two parties consent is never needed for a divorce in Mississippi, but without the consent of both spouses you can't get a no-fault divorce. You would have to file for an at-fault divorce. An at-fault divorce only requires the consent of one marital partner; if the other spouse refuses to cooperate with an at-fault divorce, the court has the power to order the marriage dissolved with or without their cooperation.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.

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