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On what grounds can a Mississippi couple get divorced?

There are many reasons why couples in Mississippi may decide to divorce. Sometimes couples simply find they can no longer agree on anything. Many arguments may occur before the decision to divorce is made. However, once a couple in Mississippi decides to divorce, despite the sadness that may accompany the end of a marriage, there may also be a sense of relief that the pain of an unhappy marriage is coming to an end.

The state of Mississippi offers married couples a number of grounds upon which they can divorce. Per section 93-5-1 of the Mississippi Code, there are 12 grounds upon which a couple can base their divorce.

One is if a partner is naturally impotent. A second is adultery, unless it was entered into in order to get divorced or if the spouses continued to live with each other knowing that one on them was unfaithful. A third is if one partner is sentenced to prison without being pardoned beforehand. Fourth is if a partner purposely, continuously and obstinately deserted the other partner for at least 12 months.

In addition, if one partner is habitually drunk or habitually and excessively uses drugs, these could be grounds for divorce. Seventh is if one partner habitually treated the other partner cruelly and inhumanly. The eighth grounds of divorce in Mississippi is if a partner was mentally ill or intellectually disabled and the other partner didn't know so before they were married.

Moreover, if one partner was already married to another person prior to marrying the second partner or if the wife was pregnant by another individual and the husband didn't know this prior to getting married, these could be grounds for divorce. Eleventh is if the parties are too commonly related by blood to marry. Finally, a divorce may be based, under certain circumstances, if a partner is mentally ill and there is no hope of a cure.

Many other states allow couples to get a divorce based on "irreconcilable differences." While the Mississippi law on how a divorce can be granted based on irreconcilable differences is beyond the scope of this post, it is important that individuals seeking divorce in Mississippi understand on what grounds they are able to do so. A Mississippi family law attorney can educate clients further on this issue.

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