Types of Divorce Actions in Mississippi

Mississippi law provides 12 fault-Based grounds for Divorce:

  1. Natural impotency;
  2. Adultery;
  3. Being sentenced to a penitentiary and not being pardoned before being sent there;
  4. Willful, continued, obstinate desertion for the space of one year;
  5. Habitual drunkenness;
  6. Habitual and excessive use of opium, morphine, or like drug;
  7. Habitual, cruel, and inhuman treatment;
  8. Insanity on the date of the marriage, if the complainant was without knowledge of the insanity;
  9. Marriage to some other person at the time of the purported marriage;
  10. Pregnancy of the wife by another at the time of the marriage, without the husband’s knowledge;
  11. Relation within the prohibited degrees of kindred; and
  12. Incurable insanity.


In addition, Mississippi law allows for irreconcilable differences divorce.  To obtain such a divorce:

  1.  The parties must agree at least to the divorce and withdraw any contest or denial.
  2. The court document requesting the irreconcilable differences divorce must be on file for at least 60 days.
  3. The parties must agree in writing on all issues relative to the dissolution of the marriage.


The parties may also include agreements for the custody and maintenance of any children of that marriage and for the settlement of any marital property.

If, however, the parties are unable to agree upon custody and maintenance of any children of that marriage or any property rights, they may consent to a divorce on the ground of irreconcilable differences and permit the court to decide the issues upon which they cannot agree.

If you have more questions, please contact Holcomb Dunbar for a free initial consultation.

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Jonathan Masters

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