Mississippi Criminal and Family Law BlogDivorce can be a challenging process, fraught with emotions and legal complexities. In Mississippi, like in many other states, divorce can be granted on various grounds, one of which is desertion. Desertion is a significant issue that affects many marriages, and understanding how it applies within the legal framework of Mississippi is crucial for those navigating this difficult situation.
Grounds for Divorce Based on Desertion
In Mississippi, desertion is one of the grounds for divorce. Desertion occurs when one spouse abandons the marital relationship without cause and without the consent or permission of the other spouse. It is important to note that desertion can be either actual or constructive.
- Actual Desertion:
- Actual desertion occurs when one spouse physically leaves the marital home and intends to abandon the marriage. This abandonment must be without the consent or permission of the other spouse and without justification.
- In Mississippi, the period of desertion must be for one year or longer, and the desertion must be willful and continuous.
- Constructive Desertion:
- Constructive desertion occurs when one spouse’s behavior is so intolerable or abusive that it forces the other spouse to leave the marital home. In this case, the spouse who leaves may still be able to file for divorce on the grounds of desertion.
- The key element in constructive desertion cases is that the behavior of the offending spouse must be severe enough to justify the other leaving the home.
Challenges and Considerations
Navigating a divorce based on desertion in Mississippi can be emotionally and legally challenging. It is important to seek the guidance of experienced legal professionals who can provide guidance and support throughout the process. Additionally, it is important to consider the potential impact of divorce on any children involved and to explore options for co-parenting and maintaining positive relationships post-divorce.
If you have been searching the Mississippi area for a qualified, experienced divorce attorney, look no further than Vic Carmody Jr., P.A. Our firm can handle your case with a balance of compassion and confidence to guide you through one of the most difficult times a person can go through. Contact us today for a free consultation to discuss your case and learn about your options.