Fault-Based Divorce Laws in Mississippi
Grounds for a Fault Divorce in MS
In Mississippi, you can force your spouse to file for divorce if you have proof that they have committed certain acts, such as adultery or abuse. This is often referred to as a fault divorce or fault-based divorce. With this approach, your spouse need not agree to the divorce. You need only prove that your spouse has committed one of a number of certain acts that constitute valid grounds for divorce. In some cases, the best way to start the process is to file a fault-based divorce – even if you end up transitioning to an irreconcilable differences divorce and reach your own settlement agreement.
If you have grounds for divorce and want to discuss your options in getting started, an attorney can provide invaluable insight. You can even discuss alternatives, such as an irreconcilable differences divorce, or even reconciliation, depending on the situation and your goals and needs. Because Jackson attorney Mark Chinn has such extensive family law experience, he can offer truly helpful guidance. He will take the time to understand your unique situation so you can work together to take the right approach.
Contact a Mississippi divorce attorney at (601) 202-5594 today.
Most Common Grounds for Fault-Based Divorce
A suit on grounds is an option if you have proof of such grounds. Below are the most commonly used grounds for divorce in Mississippi:
Adultery
Adultery means voluntary sexual intercourse on the part of the husband, with a woman other than his wife, or on the part of the wife, with a man other than her husband. But, the act must be knowingly and consciously done, Brooks v. Brooks, 652 So.2d 1113, 1119 (Miss. 1995), and proof of the following elements must be clear and convincing: (1) an adulterous inclination or an infatuation for a particular person of the opposite sex, and (2) a reasonable opportunity to satisfy that inclination. See Holden v. Holden, 680 So.2d 795, 798 (Miss. 1996); McAdory v. McAdory, 608 So.2d 695, 699-700 (Miss. 1992), appeal after remand, 628 So.2d 1388 (Miss. 1993); and Nix v. Nix, 176 So.2d 998 (Miss. App. 1999).
It is also of no consequence if the adulterous activity complained of occurs after the couple separates, or even if it is not the actual cause of the marital breakdown. Pucylowski v. Pucylowski, 741 So.2d 998 (Miss. 1999).
Habitual Cruel and Inhuman Treatment
The most common “fallback” ground for divorce is habitual cruel and inhuman treatment. In order to obtain a divorce on the grounds of cruelty, the evidence presented to prove cruel and inhuman treatment must be conduct so endangering to life, limb, or health, or creating a reasonable apprehension of danger, or the conduct must be so unnatural and infamous to you as to make the marital relation revolting. Habitual cruelty must be proven to rise above the level of mere unkindness, rudeness, or mere incompatibility, or want of affection. Ordinarily, one act of abuse will not be sufficient, but one act of physical violence may be. Generally, there must be proof of systematic or continuing behavior by the offending spouse. Obviously, this ground for divorce depends entirely upon the facts of each case. The Mississippi Supreme Court has recognized that something might be cruel to one person but not another, and it has clearly recognized mental abuse, but the proof must show that the victim’s very life or health was in danger because of their spouse’s conduct. This ground for divorce is the most difficult to prove, as there are often no other witnesses to the incidents of cruelty other than the spouses themselves.
Drunkenness
Drunkenness is another potential ground for divorce in Mississippi. In these cases, the plaintiff must prove that the defendant frequently abused alcohol, that the marriage was negatively affected as a result, and that the alcohol abuse continued at the time of the trial. Turner v. Turner, 73 So. 3d 576, 583 (Miss. Ct. App. 2011). Evidence such as DUI arrests or convictions, job loss, and other proof may be used to prove drunkenness.
Desertion
Desertion requires that a person abandon the marriage for at least one year and refuse to return to the marriage.
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Mark and his team did a great job handling my tough situation. Their expertise and knowledge made all the difference and I am so thankful for each member of this law firm.Mark
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Mr. Chinn and staff are very professional and knowledgeable. I was informed throughout the entire divorce process and I'm very pleased. My lawyer showed a deep understanding of my personal situation and demonstrated empathy throughout the entire process. This helped me tremendously to get through this difficult situation. I highly recommend this law firm.Shandler
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Trial day 2 today. Looking forward to work (which I rarely say in chancery court) but working with three of the best who make a beautiful, awesome, clean record. My reporter friends all get it. Makes work a pleasure. Thank you, Counsel, for being great at your job and making mine great. (Mark Chinn, Esq.)Unsolicited Post by a Court Reporter
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I am beyond grateful for the exceptional service provided by Mark. From our initial consultation, it was clear that he had a deep understanding of family law and a genuine concern for my well-being. Mark was always available to answer my questions, provided clear and concise advice, and worked to ensure the best possible outcome for my case. His strategic approach and attention to detail were truly impressive, and his support helped me stay calm and focused during a very challenging time. I highly recommend Mark Chinn to anyone seeking a knowledgeable and compassionate divorce attorney.Anonymous
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Thank you guys and I mean it from the bottom of my heart. The strategy and pressure worked. And the amount of work from you guys was above and beyond. Janeah you are unstoppable!!!! I’m more than happy with the agreement also. The constant contact with you guys and timely responses back to my questions really helped when things would get nasty. Helped me to stay smart and strategic instead of panic. But thanks again for everythingJoel D.
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When I found myself needing a divorce lawyer, my first and only call was to Chinn & Associates. From the onset, Mark told me not to worry, he had my back. It is pretty much impossible for me to not worry, but Mark was correct, he had my back. He and his staff were always prepared and kept me informed of what I needed to know. Janeah was an angel with a big sword, especially during the mediation process, working passionately to get me the best possible result. Mark and Janeah guided me through one of the most difficult and uncomfortable periods of my life, and I will be forever grateful for their hard work and support. While I hope I never need their services again, if I do find myself in this situation again Chinn & Associates will be my first choice for representation.Abbey M.
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Great customer service and very kind. They also worked quickly to take care of my issue. I definitely recommend Chinn & Associates.Anonymous
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I highly recommend Mark. He brings decades of experience and highly credible counsel. He was a steady voice of reason during an emotional time for my family. He stays close to his clients and is quick to respond. I always knew he was "on it." He partnered with my family to the very end of what turned out to be a longer than expected process. The outcome was worth the wait. I can't recommend him highly enough.Anonymous
