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“Fault” Divorce

If the parties are unable to agree on an Irreconcilable Differences divorce, then one party must file a complaint for divorce based on fault grounds. In that situation, there must be sufficient evidence to persuade the judge that one or more of Mississippi’s twelve fault based grounds for divorce are present. The twelve fault grounds are: (1) natural impotency, (2) adultery, (3) sentenced to any penitentiary, (4) desertion for one year, (5) habitual drunkenness, (6) habitual drug use, (7) habitual cruel and inhumane treatment, (8) insanity at the time of marriage, (9) married to another at the time of marriage, (10) pregnancy of the wife by some other person at the time of the marriage, if the husband did not know of the pregnancy, (11) statutory incest, and (12) incurable insanity.

A party may file a fault based divorce and allege alternatively Irreconcilable Differences (no-fault). If the parties are later able to agree on the divorce, then the fault grounds may be withdrawn and an Irreconcilable Differences divorce entered.

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