While divorce is a situation that no married couple wants to encounter, it sometimes is the next best step for a failing relationship.
Mississippi law follows many of the same divorce laws as other states, but there are also a few differences worth noting.
The No-Fault Rule
If both couples agree divorce and to a settlement involving all of the key issues within the relationship (child custody and support, property/business division, alimony, etc.), then the divorce can occur in a fairly straightforward process.
In any case, to file for divorce in Mississippi, you have to be a state resident for at least six months. Irreconcilable differences divorces must sustain a 60-day waiting period while spouses work through many of the issues outlined above. If a pregnancy is involved, the court will typically wait until the child is born to address support issues.
The 12 Grounds for Divorce
In Mississippi, there are 12 fault divorce grounds under which a proceeding can be granted:
- Desertion: a spouse’s willful abandonment of the marriage for at least one year
- Natural impotency: if a spouse cannot produce the means for a child and it’s proven as a naturally occurring situation
- Unknown pre-marriage pregnancy: if the wife was pregnant by someone other than spouse before the marriage and it was unknown to the marrying spouse
- Insanity: mental illness at the time of marriage and it was unknown to the marrying spouse.
- Idiocy: a spouse may be deemed not intelligent enough to continue with the marriage
- Adultery: when a spouse is unfaithful
- Imprisonment: if a spouse has been placed in a penitentiary for any amount of time
- Habitual drunkenness: requires clear and convincing evidence of habitual use with a negative impact on the marriage
- Habitual use of addictive drugs: same stipulation as habitual drunkenness
- Habitual cruel and inhuman treatment: conduct that endangers one spouse
- Bigamy: only the innocent spouse (not the one married to more than one person) can cite this
- Incest: As defined by Mississippi law
If your situation sounds like it may fall under one of these categories, it’s important to enlist the help of a qualified Mississippi divorce attorney to understand your rights and the process from there. Call the Law Offices of Rusty Williard today at (601) 824-9797 to schedule your free consultation.