Grounds of Divorce in Mississippi

Choosing grounds in Mississippi is a strategic choice. Couples who can cooperate often use irreconcilable differences. If a spouse won’t consent, you may proceed on fault grounds.

No-Fault Ground

Irreconcilable differences allows a divorce without proving misconduct, typically with both spouses’ consent and after a 60-day waiting period from filing.

Fault Grounds

Mississippi recognizes fault grounds including adultery, habitual cruel and inhuman treatment (which includes domestic abuse), willful desertion for at least a year, habitual drunkenness or drug use, incurable impotency, conviction of certain crimes, bigamy, incestuous marriage, pregnancy by another person at the time of marriage without the husband’s knowledge, and certain insanity-related grounds. Fault cases require proof and usually take more time and resources.

Hello Divorce can prepare all your Mississippi divorce forms for you with our divorce plans.

FAQs

Do I need my spouse’s consent for a no-fault divorce in Mississippi?
Generally yes, for irreconcilable differences. Without consent, you must proceed on a fault ground.

Does proving fault speed up a divorce?
Not necessarily. Fault requires evidence and often increases time and cost.

Can fault affect property or alimony?
It can be considered among other factors, but outcomes still center on financial facts and children’s best interests.