Leesa M. Poag, Attorney, Woodruff Family Law Group
In recent legal news, the Mississippi state Senate has passed new legislation that will have citizens of Greensboro and divorce attorneys alike glad that we live in North Carolina.
Unlike North Carolina, Mississippi law recognizes both fault-based and no-fault divorces. If the requirements are not met for a no-fault divorce, you must prove to a judge that your spouse has committed one of the fault grounds enumerated by the Court in order to be granted your divorce. The new legislation has added two additional grounds for a fault-based divorce.
The only ground permitted for a no-fault divorce in Mississippi is irreconcilable differences. For the Court to grant this no-fault divorce, both parties must agree that there are irreconcilable differences between the parties that prevent them from continuing their relationship as husband and wife, and both parties must agree to seek the divorce.
If the parties don’t agree that they should divorce, the only way for a party to be granted a divorce is by proving to the court that their spouse has committed one of the fault grounds. One side must prove to the court that the other has committed some fault that should allow the party to be granted a divorce. The most common grounds of fault are typically adultery and desertion.
The new legislation passed by the Senate seeks to add two more grounds – separation and domestic violence. The separation ground would require that the parties have lived separate and apart for at least two years without the intention to resume the marital relationship. The domestic violence ground would allow a person to seek a divorce if their spouse has perpetrated cruel and inhumane treatment towards them, including spousal domestic abuse.