Mississippi Criminal and Family Law BlogUnderstanding the legal grounds for divorce in Mississippi can be a complex process, but it’s essential for those considering ending their marriage. Mississippi law provides specific reasons, known as “grounds,” that a court can accept for granting a divorce. These grounds form the basis upon which the dissolution of a marriage is justified in the eyes of the law. In this article, we’ll explore the 12 grounds for divorce in Mississippi, offering insights into each one and how they can impact both contested and no-fault divorces.
If you are facing a divorce in Mississippi, call 601-948-4444 or use our online contact form to get in touch with a Mississippi divorce attorney for a free consultation!
Before diving into the specific grounds for divorce, it’s important to note that Mississippi recognizes both no-fault and fault-based divorces (also known as contested divorce in Mississippi).
A no fault divorce in MS is one where neither party needs to prove wrongdoing by the other. Instead, the couple must mutually agree that there are “irreconcilable differences,” which means their marriage cannot be repaired.
This type of divorce reflects the understanding that sometimes relationships simply run their course without any particular blame on either side.
- Both spouses must agree to the divorce.
- They must have lived apart for at least 60 days before filing.
The no-fault divorce process is often simpler and less adversarial than fault-based divorces. It allows couples to part ways amicably, focusing on resolution rather than contention.
However, when one spouse does not agree to the divorce, the process becomes contested, necessitating proof of fault-based grounds. This divergence into contested territory can complicate proceedings, often requiring legal intervention to resolve disagreements.
Legal Reasons For Divorce in Mississippi
Mississippi law outlines 12 specific fault-based grounds for divorce. Understanding these can help you determine if you have a valid reason to file for divorce, especially in contested cases. These grounds reflect situations where the behavior or circumstances of one spouse fundamentally breach the marital contract.
Adultery
Adultery is one of the most common grounds for divorce. It requires proof that a spouse engaged in sexual relations with someone else during the marriage. It’s important to note that circumstantial evidence can be used, but it must be compelling. The court requires a high standard of proof, often involving private investigators or corroborative evidence, to substantiate claims of adultery.
Desertion
Desertion occurs when one spouse abandons the other for at least one year without intent to return. The deserted spouse must prove that the abandonment was willful and without their consent.
This ground underscores the importance of mutual commitment in marriage and penalizes unilateral withdrawal from that commitment. Proving desertion often involves demonstrating the absence of communication and support, key elements of marital obligations.
Alcohol Abuse
When a spouse’s alcohol abuse becomes habitual and negatively impacts the marriage, it can be grounds for divorce. The key is demonstrating that the drunkenness is a consistent issue affecting the marriage. This ground focuses on the detrimental effect of substance abuse on marital harmony, often requiring documented evidence or witness testimony to establish a pattern of behavior.
Substance Abuse
Similar to habitual drunkenness, this ground involves a spouse’s consistent use of drugs. The use must be excessive and detrimental to the marital relationship. Demonstrating this ground involves showing how drug abuse disrupts family life, financial stability, and emotional well-being, often necessitating expert testimony or rehabilitation records.
Domestic Abuse
This ground covers behavior that endangers a spouse’s life, health, or safety, making it unsafe or improper to continue living together. Domestic violence often involves physical or emotional abuse. Proving cruel and inhuman treatment requires substantial evidence, including medical records, police reports, or psychological evaluations, to establish a pattern of harmful behavior.
Prior Mental Health Issues
If a spouse has been legally declared insane or has been institutionalized for at least three years, it can serve as grounds for divorce. However, the insanity must be continuous and incurable. This ground requires medical documentation and expert testimony to verify the condition’s impact on the marriage and the impossibility of cohabitation.
Natural Insanity
This is separate from mental illness (see above). If a spouse becomes incurably insane after the marriage and the insanity is permanent, a divorce may be granted. Must be proven by at least two physicians and supported by long-term treatment records.
Bigamy
Bigamy occurs when one spouse is already married to someone else at the time of the marriage. This is grounds for an annulment rather than a divorce, but it can still end the marital relationship. Discovering bigamy often involves legal investigations and documentation to prove the existence of a prior, unresolved marriage.
Pregnancy By Another Person
If a wife is pregnant by another man at the time of marriage without the husband’s knowledge, it can be grounds for divorce. The husband must prove he was unaware of the pregnancy. This ground often involves sensitive personal testimony and medical evidence to establish the timeline and lack of disclosure.
Blood Relation
If spouses are related by blood within the degree prohibited by law, it is grounds for divorce. This includes marriages between close relatives, such as siblings. Proving incest requires genealogical evidence and legal documentation to establish the familial relationship prohibited by law.
Felony Conviction
When a spouse is sentenced to a Mississippi state penitentiary for a felony, it can be grounds for divorce. The imprisonment must be for a substantial period, indicating a long-term separation. Legal records and court documentation are essential to prove the length and nature of the imprisonment.
Diminished Mental Capacity
If a spouse lacked the mental capacity to consent to marriage at the time of the ceremony, it can invalidate the marriage. This ground requires proving that the mental incapacity existed during the marriage’s inception. Medical evaluations and expert testimonies are crucial in establishing the inability to consent.
Contested Divorce
A contested divorce occurs when one spouse does not agree to the divorce or disputes the grounds cited. In these cases, the court will examine the evidence and determine whether the grounds for divorce are valid. Contested divorces often become complex legal battles requiring thorough preparation and strategic legal representation.
To prove grounds in a contested divorce, you must present sufficient evidence to convince the court. This can include witness testimonies, documented evidence, and expert opinions. It’s crucial to have legal representation to navigate this complex process effectively. A skilled attorney can help gather evidence, present your case persuasively, and protect your interests throughout the proceedings.
Talk to A Mississippi Divorce Attorney Today
Divorce is a significant life event that can have long-lasting consequences. Whether you’re pursuing a no-fault or contested divorce, seeking the guidance of a qualified attorney is essential. They can provide advice specific to your situation and help you understand your rights and responsibilities under Mississippi law. Legal counsel ensures that you make informed decisions and avoid common pitfalls during the divorce process.
When selecting an attorney, consider their experience with divorce cases in Mississippi, especially those involving contested grounds. Look for someone who can explain the legal process clearly and offer practical solutions tailored to your needs. An experienced attorney will not only guide you through the legal intricacies but also provide emotional support and strategic advice to achieve the best possible outcome.
Understanding the 12 grounds for divorce in Mississippi can clarify your options and prepare you for the legal process ahead. Whether you pursue a no-fault or contested divorce, knowing the laws and requirements can help you make informed decisions. If you’re considering divorce, consulting with a knowledgeable attorney is a critical step toward navigating this challenging time with confidence. With the right support and information, you can transition to the next chapter of your life with clarity and assurance.
Call 601-948-4444 or use our online contact form to speak with a Mississippi divorce attorney today for a free consultation.