Family Law

Defenses to Divorce in Mississippi

By Robert M. Kisselburgh, Esq.

Defenses to Divorce in Mississippi

In previous posts I spoke about the different types of divorces in Mississippi. The first, irreconcilable differences, is when the parties agree to divorce. Remember, Mississippi does not have true no-fault divorce?that is one party can get a divorce even though the other party does not agree to divorce. Rather, if both parties do not agree to divorce, the person requesting the divorce must prove a fault-based ground, the second type of divorce. There are twelve statutory fault-based grounds and can be found here.

When a spouse seeks a divorce based upon fault, the other spouse may defend the divorce by asserting one of the defenses to a divorce. There are four general defenses to fault-based divorces, although two have little or no application today. The two commonly used defenses, recrimination and condonation, are the ones I?ll talk about in the following posts.

Full post as published by Mississippi Family Law Blog on May 16, 2008 (boomark / email).