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What are grounds for divorce in Mississippi?

On Behalf of | Dec 1, 2017 | Domestic Relations And Family Law |

Not every person heading into divorce proceedings in Hazlehurst wants to see his or her marriage end. If you feel justified in seeking an end to your marriage, but your spouse refuses, what are you to do? You can sue for the dissolution of your marriage, yet in order for your divorce to be granted, you must cite one of the specific grounds for divorce that the state recognizes. 

According to the Mississippi Bar, the state’s grounds for divorce include: 

  • Adultery
  • Desertion
  • Cruel and inhuman treatment
  • Habitual drug and alcohol abuse
  • Confinement to prison
  • Natural impotency

Inucurable insanity or idiocy, bigamy and incest are also grounds for divorce, as is cases where a wife becomes pregnant by another person. 

Interestingly, cases of desertion need not necessarily be limited to instances where one spouse has left the house. Rather, they refer specifically to scenarios where one has abandoned the marriage. For example, your may state an intention to end your marriage yet remain living in the house, refusing your spouse’s attempts to renew your relationship. Similarly, he or she moving out of the house may not qualify as desertion if he or she expresses a desire to stay married. It should also be noted that the court may dismiss your petition if you continue to have a sexual relationship with your spouse even after seeking a divorce. 

Another option to consider may be to cite irreconcilable differences. This essentially amounts to a “no fault” divorce. To do this, however, your spouse must agree that ending the marriage is best for both of you. If you seek such a divorce, the law does require you to wait 60 days from the date of your filing a complaint with the court to before beginning your proceedings.