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What grounds should you cite when filing for divorce?

On Behalf of | May 6, 2020 | Firm News |

The laws in Mississippi give couples different paths to end a marriage. Ultimately, a divorce is the only way to divide the union and all that goes with it. 

At the onset of the process, you have to decide why you want the divorce and what reason you want to give the court for the action. The grounds for divorce are the basis upon which you are asking a judge to allow you to permanently uncouple. There are two general ways to go in the state: fault and no-fault. Decide which may work better for you before starting the proceedings. 

No-fault divorce 

When a couple falls out of love, does not act as husband and wife or simply grows apart, the spouses may decide that the marriage must end. This type of divorce would proceed forward under a no-fault grounds. Neither party did anything to contribute to the demise of the marriage. Couples may also agree to all the terms of the divorce in a no-fault action without needing court intervention. 

Fault-based divorce 

The other route some choose to take through a divorce is a fault-based action. This is a lawsuit that one party files blaming the other for causing the union to fall apart. You must identify on the petition which of the 12 grounds you are choosing when deciding how to proceed forward. These types of proceedings may prove contentious, especially given the situation under which they end. The most commonly cited grounds for divorce among the 12 available are: 

  • Adultery 
  • Addiction 
  • Abuse 
  • Abandonment 

Remember, if you decide to go with a fault-based divorce, you need to have proof that your spouse was guilty of the grounds you allege. 

Calling an end to a marriage is not something to take lightly. While only you can make the decision, you may want to seek help from others along the way. 

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