Divorce (Part III)—Desertion for One Year
Deserting your spouse in Mississippi could be grounds for divorce
Desertion comes in as the second most common fault-based grounds for divorce in Mississippi. The code defines it as a spouse’s “willful, continued and obstinate desertion of the space of one year.” What does this mean? One spouse has left the marital household for at least one year; that spouse intended to abandon the marriage (“willful and obstinate”); and the other spouse did not agree to the separation. If shown, the chancellor could grant a divorce based upon desertion of the marriage.
A related ground is constructive desertion. Constructive desertion is conduct so bad it forces the other spouse to abandon the marital residence and seek safety elsewhere. In this situation the offending spouse can be found guilty of constructive desertion. The Mississippi Supreme Court has said the conduct must make the “continuance of the marital relationship unendurable or dangerous to life, health or safety” and the conduct must continue for one year or more.
In two different cases, Mississippi courts have found that the inexcusable long-continued refusal of sexual relations grounds for divorce based on constructive desertion. Additionally, these same courts found such conduct could also be considered habitual, cruel and inhuman treatment.
