Another legislative session another attempt to align MS family law with 48 other states…a change that is needed.
Pending legislation seeks to make changes to existing divorce law in Mississippi. House bill No. 1046 proposes to to amend Sec. 93-5-1 to delete the requirement of willful and obstinate from the ground of Desertion and provide a new 13th ground of Irretrievable Breakdown.
Thirteenth. Upon application of either party, the court may
grant a divorce when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.
Fourth. * * * Continued * * * desertion for the space of one (1) year.
This is needed in MS law as we are 1 of 2 states in the Country that does not recognize a person’s right to a divorce. Mississippi law has created a financial blackmail niche area of practice. This occurs when a party does not have provable grounds for divorce and the other party will not consent. It happens more than you’d think.
Also, opponents indicate this will somehow open divorce floodgates in Mississippi. I contend it will not. MS has the 13th highest divorce rate in the country despite the most stringent laws.
Similar efforts have previously failed every year. Below are just a few blogged here.
Matthew Thompson is a family law attorney in Mississippi and supports common sense changes in Family Law in Mississippi.