Divorce (Part II)—Habitual, Cruel and Inhuman Treatment in Mississippi
Habitual, Cruel and Inhuman Treatment in Mississippi
In my last posting in this series, I spoke about the different grounds for divorce. In the coming posts, I want to talk in a little more detail about some of the specific fault-based grounds for divorce in Mississippi.
Following irreconcilable differences, the most common grounds for divorce in Mississippi is habitual, cruel and inhuman treatment. Just what does that mean? Does your spouse nagging you about watching too much sports count? Or your spouse yelling at you for spending too much shopping qualify? Probably not. The Mississippi Supreme Court defined habitual, cruel and inhuman treatment as conduct which “endangers life, limb, or health, or creates a reasonable apprehension of danger thereto, thereby rendering the continuance of the marital relation unsafe for the unoffending spouse, or such unnatural and infamous conduct as would make the marital relation revolting to the unoffending spouse and render it impossible for him or her … to discharge the duties thereof.” This essentially involves two different types of conduct.
The first is that conduct which endangers the unoffending spouse—usually physical conduct. It is conduct so extreme that the non-offending party would risk “life, limb, or health” by staying in the marriage. Continued physical violence is a definite ground for divorce while isolated acts of minor violence may not be depending on the circumstances.
The second is verbal or emotional abuse. While one spouse verbally abusing another spouse or both spouses constantly bickering at each other usually will not be sufficient as the sole grounds for divorce in Mississippi, it can be evidence which, if coupled with other facts, may be sufficient grounds for divorce. For example, one court granted a divorce when a spouse verbally abused the other spouse to the point where the abused spouse became physically ill. In another case, the Mississippi Supreme Court upheld a divorce when a husband dressed up in women’s clothing. One can see that verbal or emotional abuse is a broad category.
For those looking for a hard and fast rule as to what constitutes habitual, cruel and inhuman treatment, you will be disappointed as it is a very fact specific area—meaning, it depends upon the circumstances. What might constitute cruel and inhuman treatment in one household might not qualify in another. The important point is if you feel you are a victim of this type of behavior, seek legal advice for the protection of your physical and emotional well-being.
