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What are the Grounds for Divorce in Mississippi?

What are the Grounds for Divorce in Mississippi?

What are the Grounds for Divorce in Mississippi?

Are you a Mississippi resident who is considering filing for a divorce? If so, it’s important to note that the grounds for divorce vary in each state. Therefore, you need to familiarize yourself with the various grounds for divorce that are recognized by your state. Just as every marriage is unique, so is every divorce. There is no one-size-fits-all solution to divorce cases so speaking with an experienced attorney at Mestayer Law Firm, is extremely important in order to make sure your case is handled properly. Read on as we discuss what the grounds for divorce are in Mississippi.

Legal Grounds for Divorce

The state of Mississippi technically requires fault-grounds for divorce. However, a married couple can obtain a “divorce by consent” which states that each party has irreconcilable differences. This document can usually be obtained if both the husband and wife want to end the marriage. In the event that only one spouse wants to end the marriage, they must be able to site one of Mississippi’s 12 permissible grounds for divorce.

The 12 permissible grounds for divorce in Mississippi include:

  1. Desertion. This occurs when one spouse willfully abandons their marriage for at least one year without just cause, consent, excuse or the intent to return. The spouse who was deserted must be able to show that they did not consent to the spouse leaving.
  2. Insanity or Idiocy. In Mississippi, you can sue for divorce if you are unaware of your spouse’s idiocy or insanity prior to marrying them.
  3. Adultery. Mississippi law states that adultery is defined as voluntary sexual intercourse on the part of either spouse with a person other than their husband or wife.
  4. Natural Impotence. To qualify for natural impotence as grounds for your divorce, you must be able to show that you didn’t know about your spouse’s impotence prior to marriage.
  5. Wife is Pregnant by Another Person. If you learn that your wife has become pregnant by another person at the time of your marriage and you were not aware of the pregnancy prior to being married, then you have grounds for divorce.
  6. Imprisonment. If an individual’s spouse is in custody of the Mississippi Department of Corrections, then they can file for divorce.
  7. Incurable Insanity that Developed after Marriage. If a spouse has become insane after marriage and you can provide medical proof of the insanity and when it began, then you have grounds for divorce in Mississippi.
  8. Habitual Cruel and Inhuman Treatment. This is defined in Mississippi law as any conduct that endangers a spouse’s life, limb or health, or causes them reasonable apprehension of such a danger.
  9. Habitual Drunkenness. If a spouse can provide clear, convincing evidence that the other spouse is habitually intoxicated and this has caused them to be reckless, irresponsible, unfit and unable to perform marital duties and responsibilities, then that serves as grounds for divorce.
  10. Bigamy. If you find out that your spouse is married to more than one person, then you can file for divorce under grounds of bigamy.
  11. Habitual and Excessive Drug Use. If you can show that your spouse is a habitual and excessive drug user which has made them to be reckless, irresponsible, unfit and unable to perform their marital duties and responsibilities, then you have grounds for divorce.
  12. Incest. In the state of Mississippi, marriage that occurs between certain family members is considered incestuous and void.

Mestayer Law Firm provides civil litigation for clients throughout the Gulf Coast area including Pascagoula, Biloxi and Gulfport. If you are making future plans for your estate, then contact us today and let us help take care of every detail of your finances. Call us today at 228-762-1193 or visit We are your legal experts! You can also visit our office located at 2128 Ingalls Ave. in Pascagoula, Mississippi. We look forward to talking with you!

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but that there may be omissions, errors, or mistakes.

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