Yes. In Mississippi, one spouse cannot obtain an irreconcilable-differences divorce over the other spouse’s continuing objection. Even when spouses ask the court to decide unresolved custody or property issues, the law requires written consent signed by both parties.

That does not mean a spouse can prevent every possible divorce. The person seeking to leave can pursue another legally recognized ground, but must prove that ground in court. Wanting to end the marriage is not, by itself, enough.

This consent requirement is what I’m working to change.

Source link: Mississippi Code § 93-5-2, subsections (3) and (5).

Without agreement to an irreconcilable-differences divorce, the person seeking a divorce must prove another ground recognized by Mississippi law. The statute lists twelve grounds, including adultery, habitual drunkenness, certain forms of desertion, and habitual cruel and inhuman treatment, including spousal domestic abuse. Each has specific legal requirements.

Domestic abuse does not have to involve physical violence. The statute also recognizes certain patterns of threats, intimidation, emotional or verbal abuse, forced isolation, sexual abuse, and stalking. However, the conduct must meet the legal standard; incompatibility or a lack of affection alone is not enough.

Importantly, the statute allows spousal domestic abuse to be established through the reliable testimony of one credible witness, who may be the person experiencing it. It does not always require another eyewitness or a police report.

Source link: Mississippi Code § 93-5-1.

No. Mississippi does not provide an automatic right to divorce simply because spouses have lived apart for a certain amount of time. Without agreement to an irreconcilable-differences divorce, a person must still prove another legally recognized ground.

The law does include “willful, continued and obstinate desertion” for one year, but desertion has specific legal requirements. It is not the same as spouses living separately, and a year of separation does not automatically establish it.

A marriage can be over in everyday life while the spouses remain legally married.

Source: Mississippi Code § 93-5-1 and § 93-5-2.

Agreeing to a divorce does not mean spouses must agree on every financial or parenting issue. Under Mississippi’s irreconcilable-differences law, they can resolve those matters by agreement or give written consent for the court to decide specified disputes.

That consent must be signed by both spouses. The law also requires the child custody, child maintenance, and property issues raised in the pleadings to be resolved before an irreconcilable-differences divorce is granted.

My reform goal is to allow someone to end a marriage without the other spouse’s permission while preserving the court’s authority to resolve custody, support, and property disputes. Neither spouse should have to surrender financial or parenting rights to obtain agreement to a divorce.

Source: Mississippi Code § 93-5-2, subsections (2) and (3).

I’m asking Mississippi lawmakers to allow a divorce on the ground of irreconcilable differences when one spouse wants to end the marriage, even if the other spouse objects. Someone should not have to prove abuse, adultery, or another statutory ground simply to leave a marriage.

Courts would still resolve disputes over custody, support, and property. Ending the marriage would not mean giving up those rights or allowing either spouse to avoid their responsibilities.

This is the reform my petition calls for. The petition itself does not change the law; that requires legislative action. My goal is to build the public support and partnerships needed to make that happen.

Read and Sign my petition.