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Mississippi Family Law

Adultery

I was shocked at how common adultery is when I first started practicing law. Adultery does not require proof of sexual intercourse. Adultery can be proven if it is shown that the offending party had the inclination and opportunity to consummate an adulterous relationship. You can use your imagination as to how this can be shown in court. An adulterous inclination may be exposed by either the defendant’s infatuation with a particular person of the opposite sex or a general adulterous nature. Both parts of the test are necessary components. Just because a wife is a flirt and seems to have a promiscuous inclination does not mean that her husband would be entitled to a divorce on the ground of adultery if he cannot prove that she also had the opportunity to establish a physical relationship with someone else. Circumstantial evidence which leads to two or more reasonable explanations of what could have happened is not enough. Read More

Habitual Cruel and Inhuman Conduct

The most commonly pled but most difficult ground for divorce to prove is Cruelty. Habitual cruel and inhuman conduct is a culmination of conduct perpetrated by one spouse against the other over a period of time that makes the marital relationship insufferable to the innocent spouse and which endangers life, limb, health or safety or which creates a reasonable belief that one is in danger, rendering the relationship unsafe for the party seeking relief. One can also prove cruelty by showing the conduct of the offending spouse is so unnatural and infamous that it makes the marriage revolting to the point that it is impossible to discharge the duties of the marriage thus destroying the basis for its continuance.  Read More

Fault

The more aggressive way that one can get a divorce is if you or your spouse has a reason. Sometimes I have no choice but to encourage a client to proceed on a contested basis if there are pressing financial circumstances, even if it be an audible such as a request for separate maintenance or partition of real estate, but more on that another time.  For a divorce to be granted on a fault basis there must be a hearing in open court.  Read More

Irreconcilable Differences

A “no fault” divorce through agreement is called irreconcilable differences. You and your spouse can agree that you want to be divorced and agree to all aspects of your property division and all the intricate details concerning your continued care for your children post-divorce. If you choose this route, there are five basic documents your lawyer will prepare 1) Complaint; 2) Two Financial Statements; 3) Marital Dissolution Agreement and 4) Final Judgment. Read More

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