How To Get A Divorce In Mississippi And Win

Nobody really knows how to navigate divorce or where they should even start, especially if they’re going through it alone. Let’s face it, getting a divorce is one thing, but successfully winning your case is quite another. While there’s no straightforward answer to how to win a divorce case, working with a divorce lawyer could help improve your chances. 

Even if a divorce begins amicably, the process could spiral out of control and become controversial or aggressive. Working with an experienced divorce lawyer who focuses on your rights and needs is one of the best ways to set yourself up for success.


Jason Campbell has worked as a trusted divorce attorney in the Oxford area for nearly ten years. In that time, he has represented hundreds of people in their divorce. Contact Campbell today to discuss your situation and learn how he may be able to assist you.

How to Get a Divorce in Mississippi

Getting a divorce in the state of Mississippi is a detailed and nuanced process that must be followed carefully. An essential first step in winning a divorce case is correctly filing for divorce. Depending on the specifics of your situation, there could be different requirements for how you file. 

If you have children under the age of 21 or financial assets to be divided, filing for divorce will likely require additional paperwork. An easy and quick way to make sure you have all the paperwork you need to file is to work with a divorce lawyer who may be able to help you search for and get copies of the appropriate documents. 

Before you can even file for divorce, you need to make sure your case meets the grounds for divorce as set up by the state. In Mississippi, there are twelve grounds for divorce.

1. Natural Impotency

In Mississippi, if your spouse is naturally impotent and incapable of procreation, this can be grounds for divorce. 

2. Adultery

If you intend to base filing for divorce on the grounds of adultery, there are a few exceptions that are important to note. Adultery cannot be used as a ground for divorce if it was planned or if the couple continued to live together with the knowledge of adultery. 

3. Desertion

Desertion as grounds for divorce requires the willful desertion of one’s spouse for at least a year. The deserted spouse must be able to exhibit that they didn’t consent to the desertion and were willing to renew the relationship. 

4. Drunkenness

Habitual drunkenness is considered to be frequent and repeated intoxication. For drunkenness to be regarded as grounds for divorce, you should be prepared to prove the existence of habitual drunkenness and how it caused the marriage to break down. 

5. Habitual and Excessive Drug Use

This requires clear evidence that your spouse is a habitual drug user and that this conduct has had a negative impact on the marriage. 

6. Cruel or Inhumane Treatment

Many factors can qualify as cruel or inhumane treatment. The legal definition of cruel or inhumane treatment consists of your spouse causing or attempting to cause bodily injury, causing or attempting to cause a physical threat to put you in fear of immediate serious bodily harm, or engaging in a pattern of threats, intimidation, abuse, forced isolation, or stalking. 

7. Mental Illness or Intellectual Disability

For mental illness or intellectual disability to be grounds for divorce in Mississippi, you may be required to prove that the condition existed at the time of your marriage and that you were unaware of its existence.

8. Bigamy

If your spouse was already legally married to someone else when you got married, this can serve as grounds for divorce because, legally, individuals can only be married to one person. This can only be used as a ground for divorce by the spouse that is not married to more than one person. 

9. Pregnant by Another Person at the Time of Marriage

If your spouse was pregnant by someone else at the time of your marriage and you were unaware of the pregnancy, this can be a legal reason for divorce.

10. Incest

Mississippi law defines incestuous relationships as any familial relationships closer than second cousins. Any relationship that falls into those requirements is restricted from marriage and thus can be grounds for a divorce. 

11. Incurable Mental Illness

An incurable mental illness that develops after marriage can be grounds for divorce, but some requirements must be met. The spouse must have been under regular treatment for the illness and confined to an institution for at least three years before filing for divorce. The three years in an institution do not have to be consecutive.

12. Custody to the Mississippi Department of Corrections

You have grounds for divorce if your spouse has been convicted of a crime and is sentenced to prison.

How to Win a Divorce Case

To win in divorce court, you must have evidence or proof of the information you are using as grounds for divorce. The more evidence you can gather, the better your chances of having an easier divorce proceeding. 

Some specific timelines and proceedings need to be followed in a divorce case. After filing your complaint for divorce, you must serve your spouse with the complaint within a set time period. If you have been deserted by your spouse and can’t contact them, the requirements will differ. 

It’s important to note that if the wife is pregnant while the divorce is filed, there is a good chance the divorce proceedings will be postponed until after the child is born.

Working with an attorney may help make the divorce process much easier for you. An experienced attorney can advise you on divorce tactics to win that might be useful in your particular situation. Campbell Law can help you prepare evidence and use our experience to guide you through gathering all the documents or proof you might need throughout the process.

Contact a Divorce Attorney Today

There is no straightforward answer on how to win your divorce case, but making sure you have the right resources and the right help is a good first place to start. In fact, the Mississippi bar recommends considering having a lawyer for divorce proceedings so that your best interests are pursued to the full extent.

If you’re unsure where to turn for divorce proceeding help, you can count on Campbell Law. We’re here to help you through every step of the process, protecting your rights throughout your divorce. Contact Jason Campbell today for a free consultation to discuss how he may be able to help you navigate and win your divorce. 

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