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Divorce Grounds in Mississippi

Marriage is considered to be the bond on which both the parties agree to certain spousal rights and duties. If one or both of the parties are unable to maintain this balance the marriage fails and thus culminates in divorce.

Mississippi state law encourages divorce in several ways if the bond couldn’t persist. In Mississippi both no fault and fault divorce exists.

No-Fault Divorce Grounds in Mississippi:

There is only one no-fault divorce ground in Mississippi:

Irreconcilable Differences:

It is the only no-fault divorce ground in Mississippi, under which divorce courts award a divorce. Irreconcilable differences means that for both the parties there arose certain differences on the basis of which they can’t stay together and the only option to overcome this misery is divorce.

Fault Divorce Grounds in Mississippi:

The fault divorce grounds in Mississippi are as under:

Willful Desertion for At Least One Year:

Willful desertion for a year is a spouse’s clear response to the other that there seems no reason to reunite. In Mississippi desertion can occur under the same roof provided that the deserter intends to end the relationship. Under this divorce ground in Mississippi, the waiting period is of 60 days. This time period is given by the divorce court, so that the spouses resolve their issues if they can.


Divorce on this ground in Mississippi is awarded by the divorce court only if proved against the accountable spouse the collusive involvement in any sort of sexual intercourse with a third party. After the blame is approved, divorce can be given or obtained.


Spouse’s being sent to a penitentiary is also one of the fault divorce grounds in Mississippi.

Alcohol or Drugs Abuse

Habitual drunkenness or excessive drug use are grounds for divorce in Mississippi, because of the impact they leave on the marital relationship. This ground requires clear and convincing evidence that the offending spouse is a habitual drunkard or drug user and such conduct has put a negative impact on the relationship.

Insanity for up to Three Years:

If a spouse is found with idiocy or madness or a mental breakdown which is declared incurable by a certified surgeon, then you can file a case in the court for a divorce decree. In Mississippi for filing a case under this divorce ground, you must prove that this condition existed before the case was filed.

Wife Pregnancy by Another Man:

Divorce can be given to the wife if found pregnant by another person. Under this divorce ground in Mississippi, the court announces divorce if the innocent spouse has not have known of the condition prior to the marriage.


Natural impotency is seldom a ground for divorce in Mississippi. This is a pre-existing condition that is a ground for divorce in Mississippi.

Cruel and Inhuman Treatment:

It is one of the most common fault divorce ground in Mississippi. Its conduct endangers life, health, or creates worry of such danger. To divorce on this ground, the spouse must prove that the opponent spouse treated cruelly and was physical in nature.

Spouse Lacking Mental Capacity to Consent to Divorce:

Insanity or idiocy is divorce ground rarely found in Mississippi. This is also a pre-existing condition that is a ground for divorce in the state.

Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Mississippi.

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