While many states are now no-fault divorce states, divorce in Mississippi can still be granted on either fault or no-fault grounds. If you choose to file for a fault-based divorce, you will need to establish that your spouse’s actions resulted in the ending of your marriage.
Grounds for fault-based divorce in Mississippi
There are several fault grounds for divorce that may benefit the spouse who files for divorce in the areas of property division, alimony and child custody. Common fault grounds for divorce in Mississippi include:
- Adultery: Spouse engaged in extramarital affairs that can be proven with evidence.
- Desertion: Spouse abandons the other for a least one continuous year without justification.
- Cruelty: Spouse physically or mentally harms the other spouse, making it unsafe for the couple to continue living together.
- Habitual drug or alcohol use: Spouse’s abuse of drugs or alcohol negatively impacts the marriage.
How can I file for divorce in Mississippi?
Generally, to file for divorce in Mississippi, at least one of the spouses will have to have lived in Mississippi for at least six months prior to filing.
In most cases, a divorce begins with one spouse filing a complaint in the appropriate court, with the help of their family law attorney. The complaint must include the grounds for divorce. Once the complaint is filed, the other spouse must be served with notice. If the other spouse agrees to the divorce, the divorce will be considered uncontested. However, if the spouse does not agree to the divorce, the divorce will become contested.
If parties are unable to agree on certain issues in the divorce, the issues may proceed to trial.