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.
