Mississippi Family Law Blog

Adultery during separation provided grounds for divorce

In a recent case out of Jackson County, Mississippi, the Court of Appeals upheld a chancellor's decision to grant a divorce based on adultery even though the husband and the alleged paramour denied the affair. The case illustrates three points.

The first is that you don't need direct evidence of adultery. Rather, in Mississippi, you must prove by clear and convincing evidence that the person had "an adulterous inclination coupled with an opportunity to consummate the inclination." The adulterous inclination "may be proven by showing either an infatuation with a particular person or a general adulterous propensity."

Continue reading "Mississippi case highlights conduct during separation" »

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Divorce , Grounds for Divorce , Mississippi Family Law Update

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The Cheating Spouse

The third most common fault-based grounds for divorce in Mississippi is adultery. Although many folks think their spouse might have cheated on them and list it in a Complaint for Divorce, Mississippi courts only granted divorces based on adultery in 2.7% of the cases in 2005.

While direct evidence of an adulterous relationship is not required (and usually difficult to obtain), it must be proven that there was both “an adulterous inclination and a reasonable opportunity to satisfy that inclination.” But, the burden of proof is higher than in most civil cases. Adultery must be proven by “clear and convincing evidence.”

Continue reading "Divorce (Part IV)—Adultery" »

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Family Law Basics , Grounds for Divorce

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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.

Continue reading "Divorce (Part III)—Desertion for One Year" »

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Family Law Basics , Grounds for Divorce

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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.

Continue reading "Divorce (Part II)—Habitual, Cruel and Inhuman Treatment in Mississippi" »

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Family Law Basics , Grounds for Divorce

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What is required to get divorced in Mississippi?

First, one of the spouses must be a resident of Mississippi for 6 months or more. However, a member of the U.S. Armed Forces stationed in Mississippi and residing within the state with their spouse at the time of the separation will be considered a resident for these purposes. Second, the Complaint for Divorce must be on file for at least 60 days before the divorce can be granted. Finally, you must meet one of the statutorily created methods for divorce in Mississippi. There are essentially three methods.

The first method, and most commonly used, is known as an agreed divorce based upon irreconcilable differences. It is Mississippi’s version of no-fault divorce with a twist. In many states, one spouse may get a divorce based upon irreconcilable differences over the objection of the other spouse. Not in Mississippi. In order to use this method, both spouses must agree to divorce and agree to child custody, child support, and property division. If you and your spouse can agree on these issues, then a Joint Complaint for Divorce can be filed. After the expiration of 60 days and after the parties sign the appropriate documents, the matter may be set before the Chancellor to approve and grant the divorce.

Continue reading "Divorce (Part I)—What does it take to get divorced in Mississippi?" »

Posted by Robert Kisselburgh | Permalink | Email This Post

Posted In: Family Law Basics , Grounds for Divorce

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