Mississippi Criminal and Family Law BlogThere are two types of divorce in Mississippi: Irreconcilable Differences divorce (sometimes called “ID divorce”) and Contested or Fault-Based divorce. Fault based divorce may be used in situations where one spouse wants to get a divorce, and the other does not. Fault based divorce requires that there be a “fault ground” that the divorce claim is based on. Every state has laws that outline what the fault grounds for divorce are in that state. Mississippi has 12 fault grounds for fault-based divorce, and one of these grounds is called habitual cruel and inhuman treatment. This fault ground typically comes up in situations involving domestic abuse but can also be used as a catch-all for many other types of cruel treatment by one spouse to the other. When a person cannot get their spouse to agree to a divorce, and none of the other eleven fault grounds apply to the situation, the spouse seeking a divorce has only one option left: divorce on the ground of habitual cruel and inhuman treatment.
Proving Habitual Cruel and Inhuman Treatment
To prove habitual cruel and inhuman treatment in Mississippi, the spouse alleging fault (Spouse A) must show that the spouse at fault (Spouse B) repeatedly acted in a way that endangered life, limb, or health or created a reasonable apprehension of danger, such that the relationship was unsafe for Spouse A, or that Spouse B’s actions were so unnatural as to make the marriage revolting to Spouse A. The actions must be done for so long or so frequently that their recurrence could be reasonably expected. Usually, it needs to be systematic and continuous, but even one violent incident can be a basis for divorce if it is shown by a preponderance of the evidence.
Certainly, evidence of physical or sexual abuse would show habitual cruel and inhuman treatment, but there are other ways of proving this fault ground. Habitual mean and heartless conduct, threats, intimidation, repeated emotional or verbal abuse, forced isolation, stalking, sexual harassment, refusal to live with a spouse after marriage, refusal to maintain basic hygiene, stealing from the other spouse, insisting on bizarre sexual behavior, or lying about the paternity of a child can all show habitual cruel and inhuman treatment.
Choosing an Attorney
If you are unsure whether you have grounds to file for a divorce, it is important that you speak with an experienced divorce attorney as soon as possible. Your attorney will be able to tell you whether the facts in your case are sufficient to file for divorce on the ground of habitual cruel and inhuman treatment. Arguably the most important part of starting the divorce process is finding the right divorce attorney. If you have been searching the Mississippi area for a qualified, experienced divorce attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous families pursue favorable outcomes. Although facing divorce is not a pleasant experience, there are many potential strategies that can be used to protect assets and provide for family members in the event of divorce. Call/contact us today for your consultation to learn more.
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