Legal Grounds for Divorce

You must have legal grounds to obtain a fault-based divorce, and you must prove one or more of the statutory grounds. The judge will only grant a contested fault-based divorce after making a full inquiry into the facts and circumstances of the case. If there is fault by both spouses, the divorce will be granted to the most innocent party.

The Eleven Statutory Fault-Based Grounds

Cruel and Inhuman Treatment — Habitual cruel and inhuman treatment requires proof of conduct that endangered the other spouse or is unnatural and revolting, including conduct showing that continuation of the marriage would risk life, limb, or health. The evidence must show that the wrongful conduct occurred over some time and was physical or adversely affected the spouse. Supporting evidence includes testimony from family members, friends, and physicians, along with photographs, emails, text messages, and medical records.
Adultery — An innocent spouse may obtain a divorce when his or her spouse has engaged in voluntary sexual intercourse outside of the marriage. Admissible evidence includes admissions by the spouse, testimony of the paramour, taped recordings, video, photographs, gifts, physical affection, secretive behavior, letters, emails, and text messages.
Drunkenness — Habitual drunkenness constitutes grounds for divorce, requiring proof of regularly occurring drunkenness that adversely affected the marriage. In Sproles v. Sproles, a divorce was granted based on the husband’s habit of drinking a case of beer nightly.
Habitual Drug Use — A spouse’s habitual and excessive use of opium, morphine, or other drugs is a ground for divorce, requiring proof of addiction and abuse substantially impacting the marriage. In Ladner v. Ladner, the court upheld a divorce where daily drug use occurred over four years.
Desertion — A spouse’s willful, continued, and obstinate desertion for at least one year is a legal ground for divorce, requiring proof of absence from the marital home with intent to abandon and without consent. Reconciliation may restart the timeline. In Gaillard v. Gaillard, a 10-day reconciliation interrupted desertion, resulting in denial.
Impotence — A spouse may seek divorce by proving natural impotence in the other spouse. The impotent spouse cannot seek divorce but may pursue annulment instead. In Sarphie v. Sarphie, the court denied divorce where the wife’s condition caused painful intercourse rather than impotence.
Mental Illness — Mental illness provides grounds for divorce; however, premarital knowledge of such illness is a bar to divorce. In McIntosh v. McIntosh, divorce was denied when the husband remained with his wife for twenty years despite her mental illness discovered shortly after marriage.
Bigamy — Bigamy constitutes grounds when a spouse was already married during the subsequent marriage. In Harmon v. Harmon, the second husband, not the first, possessed the right to file for divorce based on bigamy.
Pregnancy at the Time of Marriage — Pregnancy of the wife by another person at the time of marriage is a basis for divorce in Mississippi. However, premarital awareness of the pregnancy bars divorce. In Burdine v. Burdine, the husband knew of the wife’s pregnancy before marriage and believed he fathered the child, resulting in denial.
Incest — If spouses are related in a degree defined by statute as incestuous, then either party may seek a divorce.
Sentenced to Any Penitentiary — A party whose spouse is sentenced to any penitentiary may be granted a divorce.