There are two avenues for obtaining a divorce in Mississippi. You can get a divorce based on marital misconduct of a spouse (fault grounds or contested divorce) or because you and your spouse agree to divorce (no fault or irreconcilable differences). The basic difference between a fault grounds divorce and an irreconcilable differences divorce is consent. On a fault grounds divorce, the offended spouse sues the offending spouse for a divorce based on the marital misconduct of the offending spouse. If the offended spouse can prove that the offending spouse is guilty of one of the fault grounds for divorce, the offended spouse is entitled to a divorce from the other spouse, regardless of whether the guilty spouse has consented to the divorce. On the other hand, an irreconcilable differences divorce can only be granted if both spouses consent to the divorce. This consent can be given even after a fault-based divorce has been commenced.
My spouse has told me she would never “give me a divorce.” Can I get a divorce anyway?
Maybe. If your spouse will not agree to enter into an irreconcilable differences divorce then the court will award you a divorce if you can prove in open court one of the twelve fault grounds against your spouse.
What are the fault grounds for divorce?
The fault grounds for divorce are :
- Adultery
- Habitual Drunkenness
- Habitual and excessive drug use
- Habitual and inhuman treatment,
- Willful, continued and obstinate desertion for the period of one year
- Natural impotency
- Insanity at the time of marriage that was unknown to the complaining spouse
- Being sentenced to any penitentiary without being pardoned
- Marriage to some other person at the same time of the pretended marriage (i.e., Bigamy)
- Pregnancy of the wife by another person at the time of marriage, if the husband did not know of such pregnancy.
I’m afraid my abusive spouse will try to hurt me and/or our children if I say I want a divorce. What can I do legally to protect myself and my children?
First, develop a safety plan for you and your children in the event you need to escape your home. Your safety and that of your children are your highest priority. A great way to do this is to get support from an agency that helps victims of domestic violence. Second, find a lawyer who understands domestic violence. Often, your local domestic violence shelters can help with a referral. Talk to your lawyer about your concerns for your safety and that of your children. Ask your lawyer about a domestic abuse protection order (DAPO). This is a court order which may offer a number of protections including granting you emergency temporary custody of your children and ordering your spouse to leave the family residence and have no contact with you. Third, take all actions in deliberate, well-thought out steps with your continued safety as your first concern.