Twelve and a Half Reasons Why

A spokesperson for Mississippi Governor Phil Bryant has stated that Bryant will sign into law the proposed amendment to the state’s divorce statute that will allow more divorces in cases of domestic violence. The passing of this bill follows the death of a similar amendment, and the media firestorm that erupted across the state, largely aimed at Representative Andy Gipson (R-Braxton).

As mentioned in our previous article, this amendment adds the language of “including spousal domestic abuse” to the seventh ground for divorce in Mississippi – habitual cruel and inhuman treatment. Another change to current Mississippi divorce law is the ability for the abused spouse to serve as a witness of domestic violence. The burden of proof is high, but when corroborated by scientific or medical evidence, the burden lessens.

The standard of proof passed in this amendment shows the importance of quick action in situations of domestic violence. If you or someone you know experiences domestic violence, seek medical help right away if there are injuries that can be used as evidence. Do not wait for those signs of abuse to fade before seeking help. A bruise or a cut may be the difference between being believed about spousal abuse or being waved off as crying wolf.

This seems like a good measure taken by the Mississippi Legislature. It allows spouses who need to leave a marriage to do so easier than before, while still providing enough evidentiary standards to prevent fraudulent or spiteful divorces. This gives spouses a better way to leave a dysfunctional marriage, while protecting people’s names and reputations from false attacks and gossip.

Just as important as knowing what this bill changes is what it has no effect on. The behavior behind a habitual cruel and inhuman treatment claim must still rise above mere unkindness, rudeness, or want of affection. Two spouses simply not getting along is still not grounds for a divorce in Mississippi unless brought through the completely agreed upon route of irreconcilable differences. While this amendment does make divorces easier to obtain through habitual cruel and inhuman treatment, the other grounds are not affected, and divorces can still be difficult to obtain in Mississippi.

We tell our clients this because our firm believes in giving clients realistic expectations about the reality of their case. Mississippians, and legal clients in every state, deserve to be told the truth, and deserve the hardest work that can be provided to them. Our office understands that divorce can be a scary thing. We are here to serve you through that dark hour. If you or someone you know experiences domestic violence or any other recognized ground for divorce in Mississippi, we encourage you to seek legal help, and our office will be happy to serve you in any way possible.

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