Adultery is one of the most utilized grounds for divorce. As unfortunate as it may sound, many spouses commit adultery. There are countless psycho-social studies and surveys aimed at figuring out “why” spouses engage in adulterous activity. But, in the divorce context in Mississippi, why a spouse commits adultery is not really all that important. When considering divorce on grounds of adultery in Mississippi, a person should know (1) the definition of “adultery” and (2) how to prove it.
Most people associate “cheating” with adultery. But, “cheating” is not necessarily always “adultery,” because “cheating” is subject to varying interpretations. To some, “cheating” may merely involve intimate conversation with, or thoughts about, another person, without any physical contact; while others think only physical, sexual contact with another person qualifies as “cheating.” Mississippi law adopts the latter in its definition of “adultery.” Mississippi law defines adultery as the “voluntary sexual intercourse on the part of either spouse with a person other than his or her own spouse.” Owen v. Gerity, 422 So. 2d 284, 287 (Miss. 1982) (emphasis added). Also, it does not matter how frequent, or infrequent, a spouse commits adultery. As the Mississippi Supreme Court has explained, “a one night stand does not make  sexual misconduct any less adulterous.” Davis v. Davis, 832 So. 2d 492, 496 (Miss. 2002). So, adultery involves sexual intercourse with a third-person, and one instance of such conduct is enough to be characterized as adultery in Mississippi.