Tag Archives: fault grounds

4 of the “Biggest” Grounds for Divorce; And the rest of the FAULT grounds too…

Approximately half of all marriages end in divorce.

Stuart Miles /freedigitalphotos.net

In Mississippi, parties are limited to the reasons that they can get a divorce based on FAULT.  Mississippi Code § 93-5-1 lists the Causes for Divorce, and below they are listed in order as most often plead; 

#1.  Habitual cruel and inhuman treatment.

#2.  Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after knowledge by complainant of the adultery.

#3.  Habitual drunkenness.
#4.  Habitual and excessive use of opium, morphine or other like Drug(s).

Lesser plead, but still valid Grounds for Divorce include;
#5.  Desertion, Willful, continued and obstinate  for the space of one (1) year.

#6.  Sentenced to any Penitentiary, and not pardoned before being sent there.
#7.  Having Mental Illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.
#8.  Bigamy, Marriage to some other person at the time of the pretended marriage between the parties.
#9.  Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy.
#10.  Incest, Either party may have a divorce if they are related to each other within the degrees of kindred between whom marriage is prohibited by law.
#11.  Incurable mental illness. However, no divorce shall be granted upon this ground unless the party with mental illness has been under regular treatment for mental illness, confined in an institution for a period of at least three (3) years immediately preceding the commencement of the action.

#12.  Natural impotency.

Matthew Thompson is a family law attorney and knows a thing or two about fault grounds for divorce in Mississippi.

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The Worst Fault Grounds Ever = A Divorce.

Emotional abuse, verbal abuse, multiple affairs are all grounds for divorce in Mississippi.

David Castillo Dominici /freedigital photos.net

But, what if your spouse was really bad?  What if they said, as my grandmother-in-law used to say, “both words?”  IE: “I was so mad that I said ‘both words!'” What if you had really, really bad grounds and lots of it?

That gets you a divorce.

One affair or 1,000= a divorce. Being incarcerated for 1 year or for life = a divorce. Abandonment and the other grounds, if proven, gain you a divorce.

Here’s what Fault does not equate too.  “Getting taken to the cleaners.”

A mother having an affair does not lose custody because of that fact alone. A father who cheats does not have to pay the wife due to that fact alone. The Court, instead, looks at the totality of the circumstances.  If you are a good parent despite your fault you will still get to see your child.  If it was a short marriage or your spouse makes more than you, you will not have to pay a boat load just because you messed up.  Courts do not “punish” you financially for affairs, usually.

Just because you messed up does not mean you have to continue messing up. Just because you messed up does not mean you will pay for it the rest of your days. But, if you are messing up Stop now and call an attorney.

Matthew Thompson is an Attorney practicing Divorce Law in Mississippi and may can help you even if you really, really messed up.

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.