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Grounds for Divorce

To start a divorce, spouses must have grounds established by law.

In the state of Mississippi, both fault-based and no-fault grounds for divorce are recognized. Fault grounds include impotence, adultery, incarceration, willful desertion for at least one year, alcohol or drug addiction, cruel treatment, insanity for up to three years, incest, and the fact that the wife became pregnant by another man, and the husband did not know about it. These grounds assume that the defendant is considered guilty of the marriage breakdown, so the plaintiff must provide strong evidence to prove the other spouse's fault before the court.

"Irreconcilable differences" is the only no-fault ground for divorce in Mississippi. This ground does not require evidence.

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