You can only get a no fault divorce in Mississippi if both partners agree. If one partner does not, then the only option is to seek a fault-based divorce. This makes it much different than options in other states, so it is important for Mississippi residents to understand these unique laws.
If you are seeking a fault-based divorce, then you have to demonstrate specific grounds for that divorce to the court. In other words, you have to show that your spouse is the one who caused the divorce in some way, and the court will then decide if they should grant you the divorce or not.
9 grounds for divorce in Mississippi
If you are considering a divorce and you believe it will be fault-based, here are nine different grounds you can use under Mississippi law:
- Adultery, showing that your spouse was unfaithful to the marriage
- Domestic violence or abuse
- Willful desertion or abandonment of the marriage
- Troubles with alcohol or drugs, such as habitual drunkenness
- Impotence and the inability to consummate the marriage
- Incurable mental illness
- If your spouse has become pregnant while being unfaithful to the marriage
- Incarceration and felony charges
- If you discover that you and your spouse are actually related
If you are filing for a fault-based divorce, it can be helpful to have evidence to back up your claims. For example, you may want to look into securing police records to demonstrate habitual drunkenness if your spouse has been arrested on drunk driving charges repeatedly. These police records could also help with allegations of domestic violence or if your spouse has been convicted on felony charges
Divorce in Mississippi can be complex, and it is very important for you to understand exactly what legal options you have.