Legal Question in Family Law in Mississippi

Re: abandonment and abuse

First, let�s take a look at the Mississippi Code. There are twelve grounds for divorce in Mississippi and you have questions about two of them. To see the complete list, you may look up this code section or follow the link below to my web site. Just copy and paste this link:

http://www.mileklaw.com/grounds.html

Grounds for Divorce in Mississippi:

� 93-5-1. Causes for divorce. (in part)

Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve causes, viz:

(abandonment)

Fourth. Wilful, continued and obstinate desertion for the space of one year.

(abuse)

Seventh. Habitual cruel and inhuman treatment.

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A divorce on the ground of desertion is usually not an easy one to prove. To prove a case on this ground, three elements must be proven and they must operate concurrently for a period of at least one year, they are: the wilful nature; the continuity; and the obstinate persistence.

The deserting party (you) must be unjustified or without excuse to abandon the relationship. From the question you pose, your husband could be in serious trouble in this area. Also, the deserted party (your husband) would need to show that he made a good faith effort to reconcile and bring you back into the marital relationship.

This is just a general overview of the desertion ground. There are many variables that must be considered. I would state again, that this is usually a very hard case to prove (also expensive) and divorces are rarely granted on this ground.

A divorce on the ground of habitual cruel and inhuman treatment is one of the most common fault divorce grounds. In cases where there is a history of physical violence, these cases are usually not hard to prove. Where the violence is other than physical, this can become a difficult case indeed, especially if the case is appealed. Let�s take a look at some case law on the subject:

"Cruel and inhuman treatment, unaccompanied by personal violence is such conduct only as endangers life, limb, or health, or creates reasonable apprehension of danger thereto, thereby rendering the continuance of the marital relation unsafe for the unoffending spouse or such unnatural or infamous conduct as would make the marital relation revolting to the unoffending spouse and render it impossible to discharge duties thereof." Potts v. Potts, 700 So.2d 321, 323 (Miss. 1997).

I would suggest that you speak to a local family law attorney. If you need a referral, I would be more than happy to help you find someone.