Mississippi divorce causes are the legally recognized reasons that allow couples to end their marriages. The state provides two primary pathways to divorce: no-fault divorce based on irreconcilable differences and fault-based divorce requiring proof of specific misconduct or conditions.
Family law in Mississippi recognizes twelve distinct fault-based grounds plus the no-fault option. Each ground has specific legal requirements and definitions that must be proven in court. Working with a divorce attorney helps ensure you understand which grounds apply to your circumstances and how to present necessary evidence.
No-Fault Divorce in Mississippi
The simplest way to divorce in Mississippi is through irreconcilable differences, a no-fault ground. This option requires both spouses to agree that the marriage has broken down irretrievably and cannot be saved. When both parties consent, they can file a joint complaint for divorce without blaming either spouse for the marriage failure.
Irreconcilable differences divorces require a 60-day waiting period from the time of filing. During this waiting period, spouses must resolve issues including property division, child custody, child support, and alimony. Once 60 days pass and all issues are settled, the court can grant the divorce without a hearing.
If one spouse files for divorce and the other spouse does not respond or appear in court within 30 days, the court may grant a default divorce based on irreconcilable differences. This allows divorce to proceed even without both parties actively participating, though the responding spouse had the opportunity to contest.
Fault-Based Divorce Grounds
Natural impotency means the permanent inability to engage in sexual relations due to physical conditions existing at the time of the marriage. This ground requires the innocent spouse to prove they did not know the impotency before marriage. The condition must be incurable and have existed when the couple married.
Mental illness or intellectual disability existing at the time of the marriage also provides grounds for divorce. The spouse seeking divorce must prove the condition existed when they married and that they did not know about it. The marriage must be sought within a reasonable time after discovering the condition, or the court may find the complaining spouse accepted it.
Adultery
Adultery means voluntary sexual intercourse between a married person and someone other than their spouse. One act of adultery constitutes grounds for divorce in Mississippi. The innocent spouse must prove both an adulterous inclination toward a particular person and a reasonable opportunity to satisfy that inclination.
Evidence of adultery can include direct proof like admissions, witness testimony, photographs, or recordings. Circumstantial evidence such as overnight stays with another person, frequent contact, exchanged gifts, and secretive behavior also supports adultery claims. However, adultery cannot serve as divorce grounds if the couple planned it together or if the innocent spouse continued living with the unfaithful spouse after learning of the affair.
Incarceration Without Pardon
When one spouse is sentenced to any Mississippi penitentiary without receiving a pardon before sentencing, the other spouse has grounds for divorce. The sentence to the Mississippi Department of Corrections provides the basis for this ground. The innocent spouse need not wait for the sentence to be served, only for sentencing to occur.
Desertion for One Year
Desertion requires proof that one spouse willfully abandoned the marriage for at least one year without the other spouse's consent, just cause, excuse, or intention to return. The deserting spouse must intend to end the marriage permanently. Mere physical separation is insufficient; there must be intent to abandon the marriage.
Desertion can occur even when spouses live under the same roof if they live as strangers, with one spouse intending to end the marriage. The spouse claiming desertion must prove they did not consent to the separation and remained willing to continue the marriage. If the deserting spouse makes a good-faith offer to return and the other spouse refuses, the refusing spouse may become the deserter.
Habitual Drunkenness
Habitual drunkenness means frequent intoxication that negatively impacts the marriage. To prove this ground, the complaining spouse must show clear and convincing evidence that the other spouse is a habitual drunk. The drinking must render the spouse irresponsible, reckless, unfit, and unable to perform marital duties and responsibilities.
Evidence supporting habitual drunkenness includes DUI arrests or convictions, job loss due to drinking, financial problems caused by alcohol abuse, and testimony about frequent intoxication. The drinking problem must continue at the time of filing for divorce. If the spouse quit drinking before filing, this ground may not apply.
Habitual and Excessive Drug Use
Similar to habitual drunkenness, habitual and excessive use of opium, morphine, or similar drugs provides grounds for divorce. The drug use must be both habitual (frequent and customary rather than occasional) and excessive (the person is so addicted they cannot control their drug appetite).
This ground applies to illegal drugs and prescription drug abuse. The drugs must produce effects similar to opium or morphine, making the user irresponsible. Evidence might include failed drug tests, arrests for drug possession, job loss, financial problems, and witness testimony about drug use. The abuse must continue at the time the divorce complaint is filed.
Habitual Cruel and Inhuman Treatment
Habitual, cruel and inhuman treatment is the most common fault ground for divorce in Mississippi. This ground covers conduct that endangers life, limb, or health, or creates a reasonable apprehension of such danger. It also includes conduct so unnatural or infamous that it makes the marital relationship revolting to the innocent spouse.
Physical abuse, including beating,s clearly constitutes cruel treatment. However, the ground also covers patterns of emotional or verbal abuse, threats, intimidation, forced isolation, sexual extortion or abuse, and stalking. The conduct must be habitual, meaning it occurred over a period of time rather than as a single incident.
To establish this ground, the complaining spouse must prove that the cruel conduct occurred repeatedly and either was physical in nature or had adverse physical effects on them. Domestic abuse can be established through the victim's reliable testimony about the abuser's conduct. One act of severe physical violence may suffice, though generally a pattern of behavior is required.
Pregnancy by Another Person at Time of Marriage
A husband may divorce his wife if she was pregnant by another person at the time of the marriage and the husband did not know about the pregnancy. This ground requires proof the wife was pregnant when they married and that the husband had no knowledge of this fact.
If the husband knew his wife was pregnant by another person when they married, he cannot later use this as grounds for divorce even if he subsequently learns the child is not his. Knowledge at the time of the marriage eliminates this ground.
Bigamy
Bigamy means one spouse was already married to another person when the couple married. Only the innocent spouse who did not know about the prior marriage can use bigamy as grounds for divorce. The complaining spouse must prove that their spouse had a prior marriage that was never legally dissolved.
Incest
Mississippi law prohibits marriage between people related within certain degrees. If spouses are related by blood in ways prohibited by law, either spouse may obtain a divorce based on incest. Prohibited relationships include parents and children, grandparents and grandchildren, siblings, half-siblings, aunts and nephews, uncles and nieces, and first cousins.
Incurable Insanity That Develops After Marriage
Unlike mental illness existing at the time of the marriage, incurable insanity that develops after marriage provides separate grounds for divorce. The mentally ill spouse must have been under regular treatment and confined in an institution for at least three years before the divorce complaint is filed.
Two doctors, including a state superintendent of a state psychiatric hospital or institution member where the spouse lives, must provide affidavits confirming the spouse has incurable mental illness. This requirement ensures proper medical documentation of the incurable nature of the condition. The three-year period can include times the spouse was released and later returned to the institution.
Residency Requirements
Before anyone can file for divorce in Mississippi, at least one spouse must have been an actual resident of Mississippi for six months. This residency requirement applies regardless of which grounds for divorce are used. Being stationed in Mississippi as a member of the armed services counts as residency.
The residency must be genuine. Couples cannot establish residency solely for the purpose of obtaining a divorce in Mississippi. The state requires actual residence demonstrating intent to remain in Mississippi rather than temporary presence.
Waiting Periods and Timing
60-Day Waiting Period for Irreconcilable Differences
No-fault divorces based on irreconcilable differences require a 60-day waiting period from filing to final judgment. This waiting period allows spouses time to resolve property, custody, and support issues. The court cannot grant the divorce until 60 days have passed and all issues are settled.
30-Day Notice for Fault-Based Divorce
Fault-based divorces have no mandatory waiting period between filing and trial. However, the responding spouse must receive at least 30 days' notice before the divorce trial. This ensures adequate time to prepare a defense against fault allegations.
Pregnancy Exception
If the wife is pregnant when the divorce complaint is filed, the court typically postpones the case until after the child is born. This delay allows the court to address child support and custody issues for the newborn child. The pregnancy postponement applies to both fault and no-fault divorces.
Proving Fault Grounds
When filing fault-based divorce, the complaining spouse bears the burden of proving the alleged grounds. The proof must be clear and convincing, a higher standard than preponderance of evidence but lower than beyond reasonable doubt. The innocent spouse must present sufficient evidence to convince the court that the grounds exist.
Corroborating Evidence Requirements
Mississippi requires corroborating evidence for fault-based divorces. The complaining spouse cannot rely solely on their own testimony. Independent evidence such as witness testimony, documents, photographs, medical records, police reports, or expert opinions must support the claims.
Role of Witnesses
Third-party witnesses play important roles in proving fault grounds. Friends, family members, neighbors, coworkers, or others who observed relevant conduct can testify. Their testimony corroborates the complaining spouse's claims and helps meet the burden of proof.
Defenses to Fault-Based Divorce
Condonation occurs when the innocent spouse forgives the guilty spouse's misconduct. For example, if a spouse learns about adultery but continues living with and having sexual relations with the unfaithful spouse, they may have condoned the adultery. Condonation can bar divorce based on the forgiven conduct.
Connivance
Connivance means the complaining spouse cooperated in or consented to the conduct forming grounds for divorce. If spouses planned adultery together to create divorce grounds, connivance bars the divorce. The court will not grant divorce based on misconduct the innocent spouse helped arrange.
Recrimination
Recrimination applies when both spouses are guilty of conduct constituting grounds for divorce. If the spouse seeking divorce is also guilty of fault, the court may deny the divorce based on recrimination. Both parties' misconduct must be considered.
How Fault Affects Divorce Outcomes
Mississippi uses equitable distribution for dividing marital property. Courts consider fault when determining fair property division. The innocent spouse may receive a larger share of property based on the guilty spouse's misconduct. However, courts do not punish guilty spouses but rather consider fault as one factor among many.
Alimony Awards
Fault significantly affects alimony determinations. Courts consider marital misconduct when deciding whether to award alimony and how much. The innocent spouse may receive more generous alimony, while the guilty spouse may receive reduced or no alimony. Serious fault like adultery or abuse strongly influences alimony decisions.
Child Custody Considerations
While fault in the marital relationship does not automatically affect child custody, conduct impacting children does matter. Abuse, substance abuse, or other behavior endangering children influences custody decisions. Courts focus on children's best interests when determining custody regardless of fault in the marriage.
Working With a Divorce Attorney
Navigating Mississippi divorce causes requires legal knowledge and experience. A qualified family law attorney understands the specific requirements for each ground, knows what evidence is needed, and can present your case effectively. Attorneys help clients avoid procedural errors that could delay or derail divorce proceedings.
Choosing the Right Ground
Deciding whether to file fault-based or no-fault divorce requires careful consideration. Your attorney can evaluate your situation, advise which grounds apply, assess the strength of available evidence, and recommend the best approach. Sometimes no-fault divorce proves simpler and faster even when fault grounds exist.
Gathering Evidence
Proving fault-based grounds requires substantial evidence. Your divorce attorney helps identify, gather, and preserve necessary evidence. This may include obtaining witness statements, collecting documents, securing expert opinions, and preparing testimony. Proper evidence collection strengthens your case.