Desertion And Divorce In Mississippi

Abandonment Divorce In Mississippi

Desertion or abandonment can be grounds for divorce, but there are certain criteria that have to be met. 

In order for desertion to be grounds for divorce, the desertion must be willful and continued for at least a year. The spouse must have chosen to leave on their own for reasons that are related to the marriage. If the spouse left for health-related reasons or other reasons unrelated to their marital relationship, it’s not a valid ground for divorce.

The continuation of desertion is essential. If the spouse returns for some time and then leaves again, the clock restarts. Returning only matters if the spouse tries to reconcile or resume the marriage. A returning spouse who is living in the guest bedroom and not interacting with their spouse doesn’t necessarily restart the timeline for desertion.

Intentional and continued abandonment for one year or longer typically constitutes divorce on the grounds of desertion.

Important Mississippi Rules in Abandonment and Desertion in Divorce

There are some nuanced rules you should be aware of that can disqualify a claim of desertion. In order to get a divorce based on desertion, the spouse must not have had consent to leave. If the separation is based on an agreement between the spouses, it doesn’t qualify as desertion.

If the spouse who left tries to return and reconcile the marriage and their spouse refuses, it’s no longer considered desertion. For example, if your husband abandoned you and tried to return a few months later and you refused, you could lose your right to a divorce based on desertion. 

The timeline is extremely important to this rule. If it’s been more than a year since your spouse abandoned you, you can refuse to take them back but still claim desertion. Once your spouse has deserted you for a year, you will still be able to use desertion as grounds for divorce, even if they try to come back to you.

Constructive Desertion in Mississippi

Mississippi also recognizes constructive desertion, which can mean a few different things.

If one spouse drove the other spouse out of the house, they can’t claim desertion because they caused the desertion, but under constructive desertion, the other spouse may be able to. This is an important detail. If your husband kicks you out of the house, he won’t be able to claim that you deserted him even though you technically are the one absent, but you may have a desertion claim. 

Refusal to have sex for an extended period of time can also be considered constructive desertion. The length of refusal must be for an “inexcusable amount of time,” which can make it difficult to claim. Additionally, this can be extremely difficult to prove because refusal to have sex will come down to testimony between the spouses. Similarly to traditional desertion, which does not apply if there’s an agreement between the spouses, refusal to have sex doesn’t apply to constructive desertion if both parties agree to forego sexual relations.

Dealing With Desertion? Contact a Family Law Attorney

Divorce can be an emotionally difficult and stressful process, especially if you’re going through a contentious divorce or one that involves desertion. 

A family law attorney can help you through the process of filing for divorce and getting a divorce using desertion as grounds for the divorce. There are a lot of detailed steps that are important to follow in the correct order. An attorney can use their experience and familiarity with divorce proceedings to help make the process less stressful for you.

Jason Campbell is an experienced family law attorney who will fight for your needs in divorce. Contact us today to learn more about how we may be able to help you through divorce.