Desertion as a Grounds for Divorce in Mississippi

Desertion is a commonly misunderstood ground for divorce in Mississippi. People often think that desertion may be established by one spouse leaving the marital home, even for a short period. Under Mississippi Code Section 93-5-1, desertion is defined as a spouse’s “willful, continued and obstinate desertion for the space of one year”. When attempting to prove desertion, the plaintiff must show the defendant’s absence has at least been for one (1) year, the defendant purposely intended to abandon the marriage, and the plaintiff must show he or she did not agree with the separation. If the defendant tried to return to the marriage with a good-faith offer to reconcile during the one-year period needed to establish desertion, the one-year period is interrupted. Once more, the spouse who originally deserted may have a case for desertion after one year if their good-faith reconciliation is rejected by the original plaintiff.  

Adultery: A Grounds for Divorce in Mississippi

          One of the most commonly used grounds for divorce is adultery. Adultery may be established by the defendant’s admission or by other testimony which proves the conduct. If the defendant admits to adultery then no further evidence or testimony is necessary.

Direct proof of adultery is not required to obtain a divorce based on these grounds. Adultery may be proven by evidence that the defendant behaves in a way that shows an adulterous inclination, and that the defendant had a reasonable opportunity to fulfill adulterous desires. The evidence presented must be clear and convincing. There must be no reasonable explanation for the defendant’s actions.

            One defense to adultery is condonation. If the plaintiff learned of the defendant’s adultery but resumed an intimate relationship, the court may view this as the plaintiff having forgiven the adulterous behavior and divorce may not be granted. If adultery recurs, the new instance reopens the opportunity once again for divorce based on adultery.

      For any and all additional questions, please feel free to call our Pascagoula office at 228-205-0506 to schedule a free consultation.  

Grounds for Divorce in Mississippi

 

            In Mississippi if both parties do not agree to a divorce, the party seeking a divorce must sue the other on fault-based grounds. The person seeking divorce has the job of proving that he or she is entitled to a divorce based on the applicable grounds. The current fault-based grounds recognized in Mississippi are: (1) natural impotency; (2) adultery; (3) sentenced to any penitentiary; (4) desertion for one year; (5) habitual drunkenness; (6) habitual and excessive use of opium, morphine, or other like drug; (7) habitual cruel and inhuman treatment; (8) mental illness at the time of marriage; (9) bigamy; (10) pregnancy of the wife by another person at the time of marriage, if the husband did not know of the pregnancy; (11) kinship within the prohibited degree; and (12) incurable mental illness.

            For more information about each of these grounds, see Mississippi Code §93-5-1 (2004).

Child Support in Mississippi: The Basics

Under Mississippi law, child support must be set for minor children at the time of divorce. For parents who have never married, child support may be set through an independent court action as well as through a paternity action. As a non-custodial parent paying child support in Mississippi, you should keep in mind that our state considers the age of majority to be twenty-one years old. For this reason, child support in Mississippi must be paid until the child reaches the age of twenty-one and is no longer considered a minor.

            Child support is based on the non-custodial parent’s adjusted gross yearly income. The statutory guidelines for setting child support in Mississippi are as follows: 14% for one child, 20% for two children, 22% for three children, 24% for four children and 26% for four or more children. Chancellors may deviate from these guidelines when setting support only if they provide written findings as to why the deviation was necessary.

A Quick Word on Irreconcilable Differences Divorce in Mississippi

In Mississippi there is no such thing as a “no fault” divorce. Instead, there are two ways to obtain a divorce: Irreconcilable Differences or by proving fault-based grounds. An Irreconcilable Differences divorce requires the agreement of both parties. It is granted based on proof that the marriage is irretrievably broken as well as the couple’s agreement that they have irreconcilable differences and should be granted a divorce.

In order for the court to grant an Irreconcilable Differences divorce, a pleading requesting the divorce must be on file with the Chancery Court for sixty (60) days, and the parties must agree on all issues or must agree in writing to submit issues for the court to decide.

It is important to remember that a divorce will not be granted until all issues regarding custody, child support, and property between the parties have been agreed upon and those agreements are found to be adequate and sufficient by the court.

Please contact our office at (228) 205-0506 for further information or to request a free consultation.