Legal Question in Family Law in Mississippi
Can a dead marriage get a divorce in MS?
I have been married for 21 months to my wife. Before marriage, we had agreed on NO KIDS (I have 2 from previous marriage), as it�s a BIG deal for me. She agreed. Two DAYS after she moved into my house, she started demanding kids from me and verbally abusing me, telling me that she does not accept my kids and stuff along those lines. When confronted, she said that she �knew� all along that she would be able to manipulate me into having kids after marriage. I put up with this abuse for months and then finally told her that I didn�t want to stay married to her as she did not enter the relationship in good faith. The verbal abuse continued some more. Then suddenly (overnight) she said that all was fine and now she has come to accept her fate as a �helpless woman� and though she will never forget that I didn�t give her kids, she is not going to leave the house no matter what. She threatened suicide if I filed for divorce. There has been no physical intimate contact between us in months. From what I read on the internet, it seems that a dead marriage is not enough grounds for divorce in Mississippi. I want my life back with my kids and this crazy woman out of my life and house. Do I have a chance? Can someone represent me?
1 Answer from Attorneys
Re: Can a dead marriage get a divorce in MS?
Yes there is a chance. It is a matter of negotiation and planning. Also, legal basis for divorce will exist if there has been disertion from the marital relationship for at least a period of a year. However, as long as she continues to live with you, some Miss. judges will presume that the marital relationship continues.
In Mississippi, one cannot get an irreconcilable differences divorce without the consent of the other. However, in Louisiana or Alabama, possibly one does not need the consent of the other. As the husband, you have the right to decide where the marital home will be so you can move the marital home to either state, change your residence, and then obtain a divorce.
As to negotiation about an agreeable divorce, you might consider the services of a mediator. Mississippi attorneys offer such services. Additionally, you might consider the services of a marital counselor to see if your wife and you can resolve your differences and save the marriage, and failing that then agree to amicably dissolve the marriage.
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