When filing for divorce in Mississippi, you can file based on fault or no-fault grounds. Existing fault grounds in Mississippi include adultery, criminal conviction with a sentence to jail time, bigamy, impotence, willful continuous desertion for a minimum of a year, habitual substance abuse, habitual cruel and inhuman treatment, the spouses being related to each other by a certain degree of kinship, hospitalization for three years due to insanity, or a wife’s pregnancy by another man. Whoever alleges fault must prove it at court in trial, and a finding of fault can affect an alimony award.
There is one no-fault ground for divorce, which is irreconcilable differences. This just means that a couple isn’t able to get along, and there’s no chance they’ll get back together. Spouses trying to get a divorce on no-fault grounds need to agree to divorce on the basis of irreconcilable differences. In Mississippi, if one of the spouses refuses to divorce on that basis, the spouse seeking a divorce must prove one of the fault grounds.
Recently, the Mississippi Senate passed a bill including a few new fault grounds for divorce. If the Mississippi House agrees, domestic violence and separation will be added to the list of fault grounds.