Recently in Divorce Grounds Category

Sipping the Syrup Too Much: Habitual Drunkenness and Divorce in Mississippi

July 22, 2014,

Here in Mississippi, there is nothing like watching a good football game and drinking a cold beer with friends and family. Recreational drinking--and football of course--is a stapled pastime in our country. But for some, the pastime of alcohol consumption can become a serious problem. Just like a drug addiction, alcohol abuse can have a substantial negative impact on personal relationships, including marriages. In Mississippi, habitual drunkenness is one of twelve fault-based grounds for divorce. MS § 93-5-1 (2014).

Habitual drunkenness is a rarely used ground for divorce, and there is limited case law on what exactly constitutes "habitual drunkenness." Nevertheless, to succeed on a habitual drunkenness claim, a spouse must "prove that the defendant was habitually, or frequently, drunk, that the drinking adversely affected the marriage, and the habit continued at the divorce trial." BELL, BELL ON MISSISSIPPI FAMILY LAW § 4.02[6](2010) (analogizing habitual drunkenness grounds to habitual drug use grounds); see Ladner v. Ladner, 436 So. 2d 1366, 1375 (Miss. 1983) (daily use over four years was sufficient frequency to show abuse), and Smithson v. Smithson, 74 So. 149, 151 (Miss. 1917) (use must be ongoing at time of trial)).

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How High: Marijuana Use as Grounds for Divorce in Mississippi

July 17, 2014,

Habitual and excessive drug use--including excessive marijuana use--is one of twelve grounds for fault-based divorce in Mississippi. Under Mississippi law, "[d]ivorces from the bonds of matrimony may be decreed to the injured party for . . . [h]abitual and excessive use of opium, morphine or other like drug." MS § 93-5-1 (2014). A person seeking a divorce based on a spouse's habitual and excessive drug use must show that their spouse's use of drugs is (1) habitual and frequent, (2) excessive and uncontrollable, and (3) was of morphine, opium or drugs with the similar effect as morphine or opium. Lawson v. Lawson, 821 So. 2d 142, 145 (Miss. Ct. App. 2002). All three of these elements must be shown for a Chancellor to grant a divorce. In order to show "habitual drug use," a person must show that their spouse customarily and frequently used drugs; one time, or occasional, drug use is not sufficient. Ladner v. Ladner, 436 So. 2d 1366, 1374 (Miss. 1983). Essentially, the spouse accused of drug use must be characterized as a drug abuser, and "must be so addicted to the use of drugs that he cannot control his appetite for drugs whenever the opportunity to obtain drugs is present." Id.

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Senate Refuses to Create Additional Ground for Divorce in Mississippi

February 18, 2011,

Today the Mississippi Senate has defeated a bill that would have have created a 13th Ground for Divorce in Mississippi (bona fide separation for five years or longer). Senate Bill 2652 would have given a spouse grounds for divorce if he or she had been away from an abusive situation for five (5) years or longer.

The bill was defeated Thursday on a vote of 81-39 although the bill had earlier passed the Senate.

WXVT Channel 15 reports that the bill would have made it easier for spouses, usually wives, to file for divorce when that spouse leaves home to avoid domestic violence and the other spouse will not agree to filing for divorce.

State law already allows a spouse who is abandoned to file for divorce under desertion, but existing law does not address when one innocent party leaves home and the other will not give them a divorce.

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