How adultery is defined and proven as a ground for divorce in Mississippi.
Adultery is a fault-based ground for divorce in Mississippi. Proving it requires meeting a heightened evidentiary standard.
Adultery is defined as voluntary sexual intercourse on the part of either spouse with a person other than his or her own spouse. A single instance constitutes adultery; the Mississippi Supreme Court has clarified that even a one-night stand is still adultery.
To establish adultery, one must present clear and convincing evidence. The available approaches are:
An adulterous inclination requires demonstrating either an infatuation with a specific individual or a general pattern of unfaithful behavior.
Condonation is the act of overlooking or forgiving an offense. In Mississippi, forgiving a spouse’s infidelity may legally prevent pursuing a divorce based on adultery. This forgiveness operates conditionally: it is conditioned on continued good behavior and not committing another marital offense. This defense is commonly invoked by the accused spouse in response to adultery-based divorce claims.
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