Legal Question in Civil Litigation in Mississippi

help with dovorce

Is there any means of getting a divorce without the consent of the other spouse? I have asked my spouse for a divorce and he refuses to file a no fault. We both live ours lives separately but still love in the same house. I have begged him to leave since the house belongs to me. His name is not on it. He refuses to stay there to spite me. We are 2 people living separately in one house. please help!!!


Asked on 12/31/03, 3:36 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: help with dovorce

You will need to file for divorce based on your husband's desertion from the marital relationship or some other fault-based grounds such as adultery if it can be proven. However, dissertion is a difficult case to make when the husband and wife continue to reside under the same roof. So long as they reside under the same roof, the court will presume they are having marital relations. If you husband admits to somebody (your witness) that he has not abandoned marital relations with you for at least the last year, that may be sufficient to obtain a divorce. Otherwise, you will have to prove desertion by circumstantial evidence. You should talk with an attorney and possibly arrange for marital counseling that might persuade your husband to agree to a divorce.

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Answered on 12/31/03, 4:50 pm


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