When one or both parties in a marriage decide they want to divorce, the party filing will need to establish why s/he is choosing to end the marriage. In fact, unless a spouse identifies what their ground for filing for divorce is, a judge will not grant it. There are many legally acceptable reasons that can be listed as a ground for divorce, most of which are listed down below.
A couple that agrees to a divorce and has settled issues like child custody, child support, alimony, and property division can file for what is called a no-fault divorce. Under a no-fault divorce, a couple would cite “irreconcilable differences” as their reasoning for filing. While these types of cases typically run smoother than those that involve a couple where only one party wishes to divorce, couples filing for a no-fault divorce can still benefit from retaining a skilled Jackson, MS divorce lawyer.
Important: Couples that file for a no-fault divorce in Mississippi are subject to a 60-day waiting period before the divorce will be granted.
Other Grounds for Filing for Divorce in MS
In a case where only one party wants to divorce, s/he will need to select a different ground or reason for filing. Some examples of what the court will accept as a ground for divorce includes:
- When one spouse deserts the other for at least one year without consent, the court will recognize this as a legally acceptable reason for filing for divorce. While most assume desertion only occurs when one spouse leaves the residence, The Mississippi Bar states that “desertion can occur under the same roof, if the spouses live as strangers and the deserter intends to end the marriage.”
- “Natural impotency, insanity or idiocy, and a wife’s pregnancy by another person at the time of the marriage.” If using either reason as a ground for divorce, the “innocent spouse must not have known of the condition prior to the marriage.”
- Adultery (i.e. cheating).
- Habitual cruel and inhumane treatment.
- His/her spouse is sentenced to jail without pardon.
- Incurable insanity. The condition must have developed after the marriage.
- Habitual and excessive drug use.
Aside from identifying an acceptable reason for filing for divorce, there is also a residency requirement that must be met. In order for a person to file for divorce in Mississippi, they must have been a resident of the state for at least six months.
Obtaining Legal Counsel When Filing for Divorce in MS
When one party decides it’s time to file for divorce, one of the first things they should do is schedule an initial consultation with a divorce lawyer in Jackson, MS. Anyone who has never had to go through the divorce process will likely have many questions and won’t have anywhere to turn to for help as the court will not provide any sort of legal advice. Therefore, anyone who is looking to initiate the divorce process or get their legal questions answered should contact Ballard Law, PLLC to speak with an experienced Jackson, MS divorce attorney.
You can reach Ballard Law, PLLC at:
108 S. President Street
Jackson, MS 39201