Bill Text: MS HB239 | 2013 | Regular Session | Introduced
Bill Title: Divorce; revise provisions regarding Irreconcilable Differences.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB239 Detail]
Download: Mississippi-2013-HB239-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary B
By: Representative Bain
House Bill 239
AN ACT TO AMEND SECTION 93-5-2, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A DIVORCE ON THE GROUND OF IRRECONCILABLE DIFFERENCES WHEN THE PARTIES TO THE DIVORCE PERSONALLY APPEAR IN COURT AND AGREE VERBALLY AND THE AGREEMENT IS ENTERED IN THE CHANCELLOR'S JUDGMENT; TO PROVIDE THAT A FINAL JUDGMENT SHALL BE ENTERED WHERE BOTH PARTIES TO A DIVORCE PERSONALLY APPEAR, MAKE A JOINT VERBAL AGREEMENT FOR A DIVORCE ON THE GROUND OF IRRECONCILABLE DIFFERENCES AND THE CHANCELLOR ENTERS THE JUDGMENT OF THE DIVORCE ON THE GROUND OF IRRECONCILABLE DIFFERENCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-5-2, Mississippi Code of 1972, is amended as follows:
93-5-2. (1) Divorce from the bonds of matrimony may be granted on the ground of irreconcilable differences, but only upon the joint complaint of the husband and wife or a complaint where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver of process.
(2) If the parties provide
by personal appearance and verbal agreement in open court or written
agreement for the custody and maintenance of any children of that marriage and
for the settlement of any property rights between the parties and the court
finds that such provisions are adequate and sufficient, the agreement * * * shall be incorporated in the
judgment, and such judgment may be modified as other judgments for divorce.
(3) If the parties are
unable to agree upon adequate and sufficient provisions for the custody and
maintenance of any children of that marriage or any property rights between
them, they may consent to a divorce on the ground of irreconcilable differences
and permit the court to decide the issues upon which they cannot agree. Such
consent * * * may be in writing, signed by both
parties personally, or such consent may be made verbally in open court by
both parties by personal appearance to the chancellor and must state that
the parties voluntarily consent to permit the court to decide such issues,
which shall be specifically set forth in such consent, and that the parties
understand that the decision of the court shall be a binding and lawful
judgment. Such consent may not be withdrawn by a party without leave of the
court after the court has commenced any proceeding, including the hearing of
any motion or other matter pertaining thereto. The failure or refusal of
either party to agree as to adequate and sufficient provisions for the custody
and maintenance of any children of that marriage or any property rights between
the parties, or any portion of such issues, or the failure or refusal of any
party to consent to permit the court to decide such issues, shall not be used
as evidence, or in any manner, against such party. No divorce shall be granted
pursuant to this subsection until all matters involving custody and maintenance
of any child of that marriage and property rights between the parties raised by
the pleadings have been either adjudicated by the court or agreed upon by the
parties and found to be adequate and sufficient by the court and included in
the judgment of divorce. Appeals from any orders and judgments rendered
pursuant to this subsection may be had as in other cases in chancery court only
insofar as such orders and judgments relate to issues that the parties
consented to have decided by the court.
(4) Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard. Except as otherwise provided in subsection (3) of this section, a joint complaint of husband and wife or a complaint where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver of process, for divorce solely on the ground of irreconcilable differences, or where both parties personally appear and make a joint verbal agreement for a divorce on the ground of irreconcilable differences and the chancellor enters the judgment of the divorce on the ground of irreconcilable differences, shall be taken as proved and a final judgment entered thereon, as in other cases and without proof or testimony in termtime or vacation, the provisions of Section 93-5-17 to the contrary notwithstanding.
(5) Except as otherwise provided in subsection (3) of this section, no divorce shall be granted on the ground of irreconcilable differences where there has been a contest or denial; provided, however, that a divorce may be granted on the ground of irreconcilable differences where there has been a contest or denial, if the contest or denial has been withdrawn or cancelled by the party filing same by leave and order of the court.
(6) Irreconcilable differences may be asserted as a sole ground for divorce or as an alternate ground for divorce with any other cause for divorce set out in Section 93-5-1.
(7) For the purposes of orders touching the maintenance and alimony of the wife or husband, "property" and "an asset of a spouse" shall not include any interest a party may have as an heir at law of a living person or any interest under a third-party will, nor shall any such interest be considered as an economic circumstance or other factor.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.