Under Mississippi law, a divorce may be
obtained by either irreconcilable differences; irreconcilable differences with
contested issues and fault grounds.
Irreconcilable Differences
In order to proceed on the grounds of
irreconcilable differences, the parties must each agree to the divorce and must
reach a written agreement providing for the custody and the maintenance of their
children under 21, if any, and divide their property and debt. Irreconcilable
differences may be asserted as a sole ground for divorce or as an alternate
ground for divorce with any other fault grounds for divorce as set out below.
After filing the Complaint for Divorce, there is a sixty (60) day waiting period
before the Court may grant a divorce on the basis of irreconcilable differences.
Before granting a divorce on the
grounds of irreconcilable differences, the Court must find that the written
agreement makes adequate and sufficient provisions for the custody and
maintenance of any minor children of the marriage and for the equitable
settlement of any property rights between the parties.
Irreconcilable Differences Divorce with
Contested Issues
If the parties reach an agreement to a
divorce on the basis of irreconcilable differences, but are unable to agree
about custody and maintenance of their minor children or how to divide their
assets and debts, they may consent to a divorce on the ground of irreconcilable
differences and permit the Court to decide any issues upon which they cannot
agree.
Fault Grounds for Divorce
If the parties cannot agree to a
divorce by irreconcilable differences, then one must sue for divorce on one of
the following twelve fault grounds for divorce:
1. Habitual cruelty and inhuman
treatment;
2. adultery;
3. being sentenced to any penitentiary, and not being pardon before being sent
there;
4. desertion for 1 year;
5. habitual drunkenness;
6. habitual and excessive use of Opium, Morphine or other like drug;
7. natural impotency;
8. insanity or idiocy at the time of marriage, if the other spouse did not know
of such infirmity;
9. marriage to some other person at the time of the pretending marriage between
the parties;
10. pregnancy of the wife by another person at the time of the marriage, if the
husband did not know of such pregnancy;
11. parties being related to each other when the degrees of kin between whom
marriage is prohibited by law; and
12. incurable insanity.
Proceeding under the fault grounds
requires one to prove by a preponderance of the evidence that the defending
party is guilty of the alleged fault grounds.
Cruel and inhumane treatment is not
limited to acts of physical violence. Cruelty is based upon a willful,
persistent course of abusive and humiliating treatment; false charges of
adultery; continuance use of profanity along with other misconducts; excessive
and abusive dominion and control over one's spouse resulting in extreme and
severe mental pain, anxiety and fear and engaging in coarse, cruel, abusive
language and physical abuse.
Adultery may be proven by
circumstantial evidence. Engaging in sexual relations following separation still
constitutes adultery.
Habitual drunkenness or abusive
narcotic drugs - if the parties of the marriage engage in habitual drunkenness
or abuse of narcotic drugs and such habit started after the marriage, the other
spouse may obtain a divorce. This ground is not available where the complainant
knew of the drug or alcohol problem prior to entering into the marriage.
Natural impotency - if either party, at
the time of the marriage, was and still is naturally impotent and incapable of
procreation, a divorce may be obtained by the other party. Impotency that occurs
after the marriage is not grounds for divorce. Impotency is not grounds for
divorce unless it is incurable.
Abandonment - is a ground for divorce
if a husband abandons the wife, turns her out outdoors, and refuses or neglects
to provide for her. The alleged abandoner may defend on the grounds that the
conduct of the spouse caused the alleged abandonment.
9032 Stone Walk Pl. Germantown, TN. 38138 (901)759-3489