Divorce Law Basics in the State of Mississippi

No-Fault Grounds: Irreconcilable differences (60 day waiting period)

At-Fault Grounds:

• Impotence
• Adultery
• Incarceration
• Abuse of alcohol or drugs
• Insanity for at least three years
• Wife being pregnant by another without the husband knowing
• Desertion for at least one year
• Cruel and inhumane treatment
• One spouse lacking mental capacity to consent to divorce
• Incest
• Bigamy

Residency Requirements: Filing party must be a resident of the state for at least 6 months prior to filing.

Legal Separation Recognized? Not required.

Property Distribution: Mississippi is an “equitable distribution” state, which means the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party and is at the discretion of the judge.

Grounds for Annulment: A marriage may be annuled for any one of the following causes:

(a) Incurable impotency.

(b) Insanity or idiocy of either or both parties. Action of an insane spouse may be brought by guardian or in the absence thereof by next friend, provided suit be brought within six (6) months after marriage.

(c) Failure to comply with the provisions of sections 93-1-5 to 93-1-9 when any marriage affected by such failure has not been followed by cohabitation.

(d) When either of the parties to a marriage is incapable of consenting to marriage, or is incapable of entering into a marriage, or the consent of either party is obtained by force or fraud.

(e) Pregnancy of the wife by another person, if the husband did not know of such pregnancy.

Filing for annulment under subsections (d) and (e) must occur within six (6) months after the issue is identified. (source: mscode.com)

Related Statutes: Mississippi State Divorce Code (Title 93, Chapter 5): mscode.com

Also See: Mississippi Marriage Laws