A Compassionate Personalized Approach To Professional Legal Help

Can you get a divorce if your spouse disagrees?

On Behalf of | Apr 17, 2024 | Divorce

Every state, including Mississippi, has some kind of “no-fault” divorce. This means that as long as both spouses agree that their marriage is irreparable, they tell the court that they have “irreconcilable differences.” This serves as grounds for the divorce.

In many states, a spouse doesn’t need the other to agree to a divorce, but that’s not how the law works in Mississippi. Under Mississippi law, both spouses must agree that they have irreconcilable differences. They must then wait 60 days before they can have a hearing for their divorce.

So, what happens if you want to end your marriage, but your spouse won’t agree to a no-fault divorce?

Unfortunately, that means you’re going to have to find other grounds for your divorce.

Grounds for divorce

Other than irreconcilable differences, some of the most common grounds for divorce under Mississippi law are:

  • Desertion
  • Insanity and/or addiction
  • Imprisonment
  • Adultery
  • Cruelty

If you’re listing one of these as your grounds for divorce, you must provide evidence. This can be difficult.

For example, if you claim addiction as grounds, you will have to provide clear and convincing evidence that your spouse is habitually drunk or under the influence of drugs, and that this makes them unfit for marriage.

For insanity, you must prove not only that your spouse is incurably insane, but also that you were not aware of their condition before the marriage.


The most common grounds in grounds-based divorce is cruelty.

For this type of argument, you must show habitual cruel and inhuman treatment that puts you in a reasonable fear of danger to your life, limb or health. Sadly, this kind of abuse is all too common. Many spouses have been subjected to domestic violence and threats.

However, to successfully argue cruelty as grounds for divorce, you must document this behavior. This may mean having a record of police reports and medical visits, gathering witnesses and, perhaps, testifying yourself.

None of this is easy, but it can be done, and if your marriage is putting you in danger, it must be done. It is important to seek out help from professionals who can watch out for your best interests.