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What Are My Options for Getting a Divorce?

You have the option to sue your spouse for a divorce on a "fault ground" which you will be required to prove in court. Mississippi recognizes 12 fault grounds:

  • natural impotency;
  • adultery;
  • being sentenced to any penitentiary, and not pardoned before being sent there;
  • willful, continued and obstinate desertion for one year;
  • habitual drunkenness;
  • habitual and excessive use of opium, morphine or other like drug;
  • habitual cruel and inhuman treatment;
  • insanity or idiocy at the time of marriage, if the party complaining did not know of such infirmity;
  • marriage to some other person at the time of the pretended marriage between the parties;
  • pregnancy of the wife by another person at the time of the marriage, if the husband did not know of such pregnancy;
  • being related to each other within the degrees of kindred between whom marriage is prohibited by law; and
  • incurable insanity.
If contested, divorces on fault grounds usually take longer and are more expensive than divorces on Irreconcilable Differences. Fortunately, many divorce cases that begin on fault grounds end up being compromised and settled on grounds of Irreconcilable Differences.

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