Divorce affects families in much the same way that death does. It literally destroys marriages and the impact is often more severe when children are involved. Divorce proceedings are often traumatic events that can last months, weeks, or even years. We are here to help and are available to assist you and your family as you struggle through this difficult time. Mississippi has no-fault (irreconcilable differences), and fault based grounds, such as adultery or habitual cruel and inhuman treatment. We can also help you with other issues that come up after divorce, such as transferring checking and savings accounts.
As many people can attest, it is much easier to get married in Mississippi than it is to get divorced. In fact, if you and your spouse cannot agree to get divorced, then the party seeking divorce must be able to prove one or more of the fault based grounds, which are:
- Natural Impotency
- Desertion or Abandonment
- Habitual Drunkenness
- Habitual and Excessive Drug Use
- Habitual Cruel and Inhuman Treatment
- Mental Illness at the Time of Marriage
- Pregnancy of Wife at Time of Marriage
- Incurable Mental Illness
As simple and straightforward as the grounds may be, they are not necessarily easy to prove. In cases such as adultery, you must evidence of the adultery, and corroborating evidence. Even with the required to proof to obtain a Mississippi divorce, there are certain defenses that, if proven, will keep the marriage intact regardless of whether or not you have the required proof. Those defenses include:
- Knowledge of Condition
- Mental Illness
- Reformation or Repentance
- Res Judicata
Defenses such as condonation and res judicata revolve around timing. For example, a spouse who resumes an intimate relationship with a spouse guilty of adultery cannot later get a Mississippi divorce based on adultery. This is called condonation. Furthermore, there are important strategies that an experienced Mississippi divorce lawyer can teach you that you may not immediately think of. The first instinct when learning of a spouse’s adultery is anger followed by confrontation. While these responses are natural, they are not good strategy. The wise thing to do is to remain silent and collect evidence. If you confront your spouse with his or her adultery, their first instinct will be to cover their tracks by deleting or hiding evidence. Therefore, it is very important that you collect that evidence first and an experienced Mississippi divorce attorney can help you implement a good strategy.
Please call us today if you are facing the breakdown of your marriage. We have a wealth of experience in helping to guide you through this difficult time. Get your free consultation today by calling 228-206-5758.