Mississippi continues to have a public policy against divorce and stronger interest in the preservation of marriages and family, as reflected in the limited statutory grounds for divorce and in the strict application of the grounds for divorce in granting divorces. The spouse that files for divorce has the burden to prove the grounds for divorce and usually needs corroborating evidence from other credible sources than just the testimony of the spouse filing for divorce.
A divorce is granted in Mississippi either by agreement of the Husband and Wife in a “no-fault divorce” or by proving at least one of the 12 fault-based grounds for divorce in court before a judge. Most divorces in Mississippi, however, are granted based on “irreconcilable differences”, the no-fault divorce, meaning the parties mutually agree that the marriage is over and submit an agreed property settlement for the Court’s approval. If the Husband and Wife cannot agree on the terms of the divorce and the judge finds that a grounds for divorce does not exist, then the divorce will be dismissed at trial.
NO FAULT DIVORCE (Irreconcilable Differences) The divorcing couple agrees to divorce and to the settlement of such issues as child custody and support, alimony and property division
12 FAULT GROUNDS FOR DIVORCE
1.Desertion. Spouse’s willful abandonment of the marriage for at least 1 year without consent, just cause, excuse, or intention to return
2.Natural Impotency
3.Insanity
4.Idiocy
5.Wife’s pregnancy by another man
6.Adultery
7.Imprisonment in Mississippi Department of Correction
8.Bigamy
9.Incest
10.Habitual Drunkenness
11.Habitual and Excessive Drug Use
12.Habitual, Cruel, and Inhuman Treatment, must endanger life, limb or health