Healy & Jordan PLLC

What Are the 12 Grounds for Divorce in Mississippi?

The Healy & Jordan Law Firm has been helping locals in the Gulfport, MS and New Orleans areas for over 35 years. This experience has given us much insight in Mississippi’s divorce laws.

They involve complex situations that you should fully understand before proceeding with legal actions.

With that in mind, we will cover these areas throughout this guide:

  • Mississippi residency requirements
  • Whether separation must happen first
  • Grounds for divorce and the details involved

Read on to learn more.

Residency Requirements for a Divorce in Mississippi

One of the parties (your spouse or yourself) must have been residents in Mississippi state for at least 6 months before starting your divorce case [1]. Residency includes being stationed as a member of the armed forces.

You or your spouse cannot become residents any sooner or later than the 6 months prior to your case.

Does Mississippi Require Separation Before Divorce?

Mississippi state does not require legal separation before getting a divorce.

12 Grounds for Divorce in Mississippi

The following sections will cover the details surrounding the various grounds for divorce in Mississippi state.

Before proceeding with a divorce, seek legal help. Call an experienced divorce lawyer in Gulfport, MS today at 228-383-0271.

1. Incurable Mental Illness

Your spouse has to have been confined in a mental institution for at least 3 years to qualify for a divorce. Or they must have been going through regular treatments for their mental illness.

A member of the institution, a state superintendent, or two doctors must provide affidavits to confirm your spouse has an incurable mental illness [2].

2. Adultery

You could file a divorce for adultery (your spouse cheating on you) unless it was planned. You also cannot divorce if you continue to live with your spouse after finding out they cheated on you.

3. Desertion

Desertion grounds for divorce in Mississippi means your spouse deserted you for at least a year.

4. Prison Sentence

One party is sentenced to prison without being pardoned before the sentence.

5. Drug Abuse

Your spouse habitually uses morphine and similar drugs.

6. Cruel or Inhumane Treatment

Spousal domestic abuse is grounds for divorce in Mississippi. However, you must have testimony from a credible third party individual.

Examples of spousal abuse or inhumane treatment include:

  • The spouse knowingly or attempts to cause physical harm to you
  • The spouse engages in behavior such as sexual aggression, forcefully isolating you, or aggressive stalking
  • Causes or engages in threatening to cause harm to you

Mississippi courts do not specify whether you can use home security cameras as viable proof of domestic spousal abuse. You will need to consult a lawyer for more information.

7. Bigamy

Bigamy is when you or your spouse is already married to another partner and pretends to marry the other party.

8. Incest

Incest refers to the married party being related to each other within the degrees of blood-related relatives. This is forbidden by law and grounds for divorce.

9. Wife Impregnated by Another Person During Marriage

Another person impregnated the wife during the marriage without the husband’s knowledge.

10. Incurable Impotence

Unable to produce offspring.

11. Sustained an Intellectual Disability or Mental Illness

Grounds for divorce with insanity could stem from one party having insanity while entering a marriage without the spouse knowing. Or insanity that developed after the marriage happened.

12. Habitual Drunkenness

One party habitually consumes alcohol.

Do you need a family law lawyer in Gulfport, MS? Heavy & Jordan can help you with various family law and divorce matters such as:

  • Child support
  • Child custody litigation
  • Divorce

We can also help with matters such as criminal defense and business litigation.

Fill out our contact form and receive a response soon. Or you can call us at 228-383-0271 to talk to someone immediately.

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