What Are the Grounds for Divorce in Mississippi?

Although divorce involves personal choice, it carries important legal consequences, particularly when determining the grounds for termination of the marriage. What are the grounds for divorce in Mississippi? Mississippi law requires spouses to file for divorce on either no-fault grounds or fault-based grounds, which include distinct criteria and legal requirements.

It is essential to understand the distinction between these two divorce paths because choosing the proper grounds can affect property division and child custody results. Divorce in Mississippi can be filed under irreconcilable differences as well as through 12 specific fault-based reasons. Identifying the applicable grounds for your situation represents an essential initial step to manage legal proceedings and safeguard your interests during this life-changing event.

No-Fault Divorce: Irreconcilable Differences

In Mississippi, the exclusive no-fault reason for a legal divorce is based on irreconcilable differences. This option enables couples to legally dissolve their marriage without needing to establish fault or misconduct from either spouse. The court requires both spouses to give their consent for divorce and must either agree on all terms, such as property, custody, and support issues, or allow the judge to decide.

The spouse who files for divorce must switch to a fault-based divorce if there are any unresolved issues between the parties. Mississippi imposes stricter limitations on its no-fault divorce procedures compared to those in most other states. A cooperative approach between both parties enables them to utilize irreconcilable differences for a less contentious and quicker legal separation of their marriage.

Grounds for Fault-Based Divorce

Mississippi law permits the willing spouse to initiate divorce proceedings based on 12 fault-based grounds when the other spouse refuses to agree to a divorce or settlement. The court requires evidence to substantiate these reasons, which can shape decisions about custody arrangements, financial support, and property division. Understanding what qualifies requires awareness of the specific legal definitions for each, including:

• Natural impotence. Inability to consummate the marriage if it existed at the time of marriage.
• Adultery. Voluntary sexual relations with someone other than a spouse.
• Incarceration. A spouse is sentenced to prison without pardon
• Willful desertion. One spouse leaves the other without justification for at least one continuous year.
• Habitual drunkenness. Regular intoxication that endangers the marriage
• Habitual drug use. Ongoing use of opiates or other narcotics.
• Habitual, cruel, and inhuman treatment. Physical abuse or conduct that endangers life, limb, or health.
• Insanity or idiocy? Mental incapacity at the time of marriage.
• Bigamy. One spouse was already married at the time of the current marriage.
• Incest. The spouses are closely related by blood.
• Pregnancy by another man. The wife was pregnant by another person at the time of the marriage without the husband’s knowledge.
• Incurable mental illness. Institutionalization for at least three years before filing.

According to the Centers for Disease Control and Prevention (CDC), Mississippi’s divorce rate decreased from 5.5 per 1,000 people in 1990 to 3 per 1,000 people in 2022. For most of the years between 1990 and 2022, Mississippi maintained a divorce rate per 1,000 people that exceeded the national average.

Proving Fault in Court

Mississippi law mandates clear and convincing proof of misconduct for anyone who files for a fault-based divorce. Proving adultery requires evidence of both adulterous intent and the chance to engage in adultery.

Habitual, cruel, and inhuman treatment allegations require proof that someone engaged in behavior that threatened their spouse’s life or health. Proof for these cases typically comes from witness testimonies, along with medical records and documented communications.

Local Considerations in Jackson County

The Chancery Court in Jackson County manages divorce cases along with child custody and property division matters. The court schedules uncontested divorce hearings for Mondays, Wednesdays, and Fridays beginning at 8:30 a.m.

FAQs

What Is the Difference Between Fault and No-Fault Divorce in Mississippi?

No-fault divorce occurs when both partners recognize their marriage cannot be repaired due to irreconcilable differences. For a fault-based divorce to proceed, one spouse must demonstrate that the other engaged in legally defined misconduct such as adultery or cruelty. Mississippi permits no-fault and fault-based divorces but requires mutual agreement for no-fault divorces, while fault-based divorces can move forward even against one spouse’s wishes.

Can I Get Divorced in Mississippi If My Spouse Doesn’t Agree?

You can get divorced in Mississippi if your spouse doesn’t agree through a fault-based divorce. You need to demonstrate one of Mississippi’s 12 fault-based divorce grounds in court if your spouse denies agreeing to a no-fault divorce or won’t settle terms like custody or property division. This approach requires evidence collection and court hearings but permits advancement without needing your spouse’s cooperation.

Does the Ground for Divorce Affect the Outcome of My Case?

Proving wrongdoing, including cruelty and adultery, can affect alimony, custody decisions, and the division of assets in some legal situations. Mississippi courts evaluate a range of factors when making decisions, and fault represents just one aspect of this assessment. Judges may adjust their decisions if you demonstrate behavior that harmed your spouse or children. A divorce attorney can provide guidance on the potential effects your selected ground can have on the outcome.

How Long Does It Take to Get Divorced in Mississippi?

The duration of the divorce process varies depending on whether it is a no-fault or fault-based divorce. A no-fault divorce citing irreconcilable differences mandates a 60-day waiting period, but proceeds quickly once both parties reach an agreement. The time of fault-based divorces extends because of court hearings and discovery processes, along with possible custody and asset disputes. Contested divorce cases typically extend beyond a few months. You can lessen these delays throughout the process by staying prepared and responsive.

Contact a Mississippi Divorce Lawyer

If you’re considering divorce in Mississippi, understanding your legal options is essential to protecting your rights and future. At Taylor & Cox Law Firm, we help clients navigate both no-fault and fault-based divorce with clarity and confidence. Contact our office today to schedule a consultation and take the first step toward a secure and informed resolution.