Senate Bill 2129

AN ACT TO AMEND SECTION 93-5-2, MISSISSIPPI CODE OF 1972, TO REVISE THE DISPOSITION OF PROPERTY SETTLEMENT AND CHILD CUSTODY ISSUES UNDER CERTAIN CIRCUMSTANCES IN A PROCEEDING TO OBTAIN 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 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~~ the provisions are adequate and sufficient, the agreement may be incorporated in the judgment, and * * *~~such~~ the 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 * * *, :

(a) 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~~ The consent must be in writing, signed by both parties personally, must state that the parties voluntarily consent to permit the court to decide such issues, which shall be specifically set forth in * * * ~~such~~ the consent, and that the parties understand that the decision of the court * * * ~~shall~~ will be a binding and lawful judgment. * * * ~~Such~~ The consent may not be withdrawn by a party without leave of the court after the court has commenced any proceeding, including the hearing of any motion or other matter pertaining thereto.

(b) 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~~ those issues, shall not be used as evidence, or in any manner, against * * * ~~such~~ that party.

(c) If the parties have each under oath asserted an adversarial claim for divorce solely on the ground of irreconcilable differences, the court may proceed to decide the issues upon which the parties cannot agree as if the consent required under paragraph (a) of this subsection had been voluntarily given.

(d) No divorce shall be granted pursuant to this subsection (3) 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.

(e) Appeals from any orders and judgments rendered pursuant to this subsection (3) 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) (a) Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard.

(b) Except as otherwise provided in subsection (3)(a) 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, 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 was not timely made or 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, 2015.