MS HB1038

Adds "irreconcilable differences" as a thirteenth ground for divorce in Mississippi, defined as behavior, conduct, habit or demeanor by the offending party that substantially impairs the joint purposes of the marriage or renders future cohabitation unlikely.

Creates two distinct pathways for irreconcilable differences divorces: one where either party can file (as with other grounds for divorce) and one based on joint complaint or defendant's written waiver, with the latter requiring a 60-day waiting period and no proof needed if uncontested.

Requires that when parties consent to court decision on custody, maintenance, or property issues in an irreconcilable differences divorce, all such matters must be resolved by court order or agreement before the divorce is finalized.

Allows divorce decrees based solely on irreconcilable differences under joint complaint to be entered without an open court hearing, unlike other divorce grounds which must be heard in open court.

Permits irreconcilable differences to be asserted as the sole ground for divorce or as an alternate ground alongside other statutory causes for divorce.

Takes effect July 1, 2014.