Mississippi is one of only a few fault-based divorce states. This means you must prove a reason for wanting a divorce if your spouse does not agree to one.
Some grounds are less challenging to prove than others. Examples include adultery, excessive drug use or imprisonment. However, if you do not have grounds such as these, a common ground is known as “habitual cruel and inhuman treatment.”
What is cruel and inhuman treatment?
According to the Mississippi Bar, “cruel and inhuman treatment” refers to actions that endanger life, limb or health or threaten to do so. It can also be defined as conduct so unnatural that it makes the marriage revolting.
Although evidence of domestic abuse can generally prove cruel and inhuman treatment, there are various situations outside of domestic abuse that can qualify as well.
Some other examples of cruel and inhuman treatment include controlling behavior, intimidation, stalking or isolation from family and friends.
The definition of cruelty can vary, but you must still have proof of the treatment and show how it endangered your safety. The evidence must be presented in court to successfully obtain a divorce.
The treatment must generally be continuous
Additionally, you must show that the cruel and inhuman treatment was so continuous or systematic that it was habitual. Along with providing evidence of the treatment, you must prove you endured this treatment so frequently that it is expected to happen again.
An isolated incident is generally not enough to prove cruel and inhuman treatment, although it can be in some cases. An extremely serious incident, combined with strong evidence, can sometimes be enough.
Gathering evidence for cruel treatment can be difficult, but this should not deter you from pursuing a divorce if you are ready. Having the right guidance to help you gather the necessary evidence and knowing how to present your case can make your divorce possible