Sanford v. Sanford

Summary

The Mississippi Supreme Court considered whether the parties complied with Mississippi’s statutory requirements for an irreconcilable-differences divorce. The court held that the parties complied with neither statutory pathway because their written consent did not specifically designate issues for the chancellor to decide and their purported settlement did not resolve all property rights. The court affirmed the Court of Appeals, reversed the chancery court’s judgment, and remanded the case.

Holdings

1. The parties did not satisfy section 93-5-2(2) because their purported settlement did not resolve all property rights; the division of household goods remained unresolved.
2. The parties did not satisfy section 93-5-2(3) because their written, signed consent did not specifically set forth any issues for the chancellor to decide.
3. Every irreconcilable-differences divorce must proceed under either section 93-5-2(2) or section 93-5-2(3), but not both; because the parties fully complied with neither subsection, the divorce judgment was improper.

Questions Presented

1. Whether the parties satisfied Mississippi Code section 93-5-2(2) by providing a complete written agreement settling all custody, support, and property issues.
2. Whether the parties satisfied Mississippi Code section 93-5-2(3) by filing a written, signed consent specifically designating the issues for the chancellor to decide.
3. Whether the chancery court erred in granting an irreconcilable-differences divorce when the parties had not fully complied with either statutory procedure.

Disposition

reversed_and_remanded