Legal Question in Family Law in Mississippi
7 year statute
When one party leaves the marriage with no chance for reconsiliation, does the seven year statute hold for desertion. There were no children born of the union and there was no community property. Is the marriage still binding. Also there has been no communication between either party. I now reside in Virginia and she still resides in Mississippi as of December 2000.
2 Answers from Attorneys
Re: 7 year statute
Desertion in Mississippi law is defined as the "wilful, continued and obstinate desertion for the space of one year." This ground for divorce is only available to the offended spouse and not the offender.
Now it is easier to get a "no-fault" divorce, especially since there is no property or children. It does require both parties to agree and sign the papers.
Re: 7 year statute
For an allegation or charge of abandonment or desertion to apply in a particular divorce situation, no particular period of time must necessarily elapse in order for the charge to be proven; such an allegation might well be appropriate (and provable) immediatedly after one spouse has (allegedly)deserted the other if it can be supported by sufficient facts.
(The seven year period which you apparently have in mind more than likely has to do with the time period which must elapse before a person can be declared "legally dead".)
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