Defenses to Divorce in Mississippi
Defenses to Divorce in Mississippi
In previous posts I spoke about the different types of divorces in Mississippi. The first, irreconcilable differences, is when the parties agree to divorce. Remember, Mississippi does not have true no-fault divorce—that is one party can get a divorce even though the other party does not agree to divorce. Rather, if both parties do not agree to divorce, the person requesting the divorce must prove a fault-based ground, the second type of divorce. There are twelve statutory fault-based grounds and can be found here.
When a spouse seeks a divorce based upon fault, the other spouse may defend the divorce by asserting one of the defenses to a divorce. There are four general defenses to fault-based divorces, although two have little or no application today. The two commonly used defenses, recrimination and condonation, are the ones I’ll talk about in the following posts.
