When one party in a marriage decides to divorce the other for reasons other than the fact that both parties no longer are able to get along and do not wish to be married, they may file for a fault-based divorce. A fault-based divorce may be granted when one party establishes that one of 12 grounds exist, according to The Mississippi Bar. These grounds are as follows:
- Desertion. A spouse can prove desertion by showing that he/she lived with their spouse as strangers and the “deserter intends to end the marriage,” or one spouse left without the consent of the other and showed no “willingness to renew the relationship.”
- Naturally impotent
- Incurable insanity
- A wife was pregnant at the time of the marriage
If a spouse intends on using impotency, insanity, or pregnancy as their ground for filing for divorce, he/she must have not known of the condition prior to the marriage, according to The Mississippi Bar.
- Adultery. When one spouse engages in sexual relations with another person other than their husband or wife, this constitutes as adultery and is an acceptable ground for divorce.
- Habitual cruel or inhuman treatment. This has been recognized as one of the most common grounds used for filing a fault-based divorce. If an individuals’ life or health is endangered, they may use this as their ground for filing for divorce.
- Bigamy. If one spouse was married at the time when they eloped with the divorcing spouse, this is considered bigamy and serves as an acceptable reason for filing for divorce.
- One spouse suffers from a mental illness or intellectual disability
- One spouse was sentenced to prison
- Habitual or excessive drug use
- Habitual drunkenness
For each ground, the court will likely require that the divorcing spouse produce clear and convincing evidence to support their reasoning for filing for divorce.
Now, while there are many couples who file for a no-fault divorce, meaning they both agree to the divorce and are able to agree on certain issues such as child custody, child support, and alimony, there are times when a fault-based divorce needs to be filed.
Get Help with Filing for a Fault-Based Divorce in Jackson, MS
If an individual is looking to initiate the divorce process using one of the grounds listed above, a Jackson, MS divorce attorney can help them. Divorces can turn into messy matters that can take weeks or even months to finalize. To help the process run smoother and to ensure the divorcing party’s interests are protected, an individual who is seeking a divorce in Jackson should contact Ballard Law, PLLC for legal help.
Ballard Law, PLLC can be reached at:
108 S. President Street
Jackson, MS 39201