Mississippi is unique in that it does not allow people to simply get divorced because one spouse claims they have irreconcilable differences. If the other person does not agree to the divorce, there must be a reason given to end the marriage.
There are 12 causes of divorce in the state. One that is a common catalyst for a marital breakdown is adultery. Often, people will not tolerate their spouse becoming intimately involved with a person outside of the marriage and this is the cause referenced to pursue a divorce. In general, this is usually successful. However, that is not always the case.
Adultery can be used as a cause for divorce under the specific circumstances
Since current state law does not let people divorce due to irreconcilable differences, the parties need to know the grounds for divorce. These include natural impotence, domestic violence, incarceration, mental illness that was in place at the time of the marriage without the other party knowing about it, willful desertion for at least a year, addiction, marriage to another person at the same time as the marriage in the divorce case, the wife becoming pregnant outside of the marriage and being closely related.
For those who are seeking a divorce because of adultery, it is imperative to know the specifics about this cause for divorce. Although adultery might often be perceived as an obvious justification for the divorce, the court might need to know details.
If, for example, it occurred when the parties colluded so they could use it to get a divorce, it might not be allowed. While this might sound unusual, people who desire a divorce could take extreme steps to achieve that. The court might not grant a divorce for adultery if the parties lived together after the person who eventually filed the divorce complaint knew about it.
When seeking a divorce, the law should be understood and help can be crucial
When a person wants to divorce in Mississippi, they might be surprised to know that they cannot simply say they do not get along with the other person anymore and they want to move on. Although that could change in the future, people must show why they should be allowed to divorce.
Because adultery is such an emotional issue, people who are trying to divorce because of it will think that it is automatically allowed. It could be used as a reason, but the court can scrutinize the situation to decide whether to let the case proceed. Since these complexities can be difficult to understand, it is wise to have professional help to move forward with a divorce, regardless of the cause of action.