Divorce cases can be heavily influenced by adultery as it serves as a major factor when determining the outcome. This is particularly true in Mississippi where adultery is considered a legal ground for divorce. Understanding the intricacies of Mississippi’s adultery laws and their impact on divorce cases can be instrumental in successfully navigating the divorce process and achieving a favorable outcome.
Grounds for Divorce in Mississippi
To obtain a divorce in Mississippi, one of the parties involved must establish a legally valid reason to justify the dissolution of the marriage. Mississippi recognizes several grounds for divorce, including:
- Adultery
- Desertion
- Habitual cruel and inhuman treatment
- Habitual drunkenness or drug use
- Insanity or mental illness
- Irreconcilable differences
Out of these grounds, adultery is one of the most commonly invoked reasons for divorce in Mississippi, and it can significantly influence the final verdict.
Defining Adultery in Mississippi
In Mississippi, adultery is defined as the voluntary engagement in sexual intercourse by a married individual with someone other than their spouse. It’s important to establish that the adulterous act took place while the marriage was still intact in order to prove adultery.
How Adultery Affects Divorce in Mississippi
When one party can successfully demonstrate that their spouse has committed adultery, it has the potential to greatly impact the divorce proceedings. Mississippi follows a fault-based system, meaning that the party at fault for the breakdown of the marriage may bear the financial consequences of the divorce.
Property Division
Adultery can significantly affect the division of marital property. Mississippi law mandates the equitable distribution of marital assets, ensuring that each party receives a fair share. However, if adultery is proven, the court may take it into consideration when dividing assets.
The court might choose to award a larger portion of the marital property to the innocent party, or conversely, grant a smaller share to the party found guilty of adultery. It should be noted, however, that the court must consider all relevant factors before making a final decision on property division, and adultery is merely one aspect to be weighed.
Alimony
Adultery can also have an impact on alimony awards. In Mississippi, the court may grant alimony to either party based on the recipient’s financial needs and the paying party’s ability to fulfill those needs. Nevertheless, if adultery is proven, the court may take it into account when determining alimony.
If the spouse who committed adultery was the primary breadwinner, the court might be more inclined to award alimony to the innocent spouse. Conversely, if the guilty party seeks alimony, their chances of receiving it could be diminished.
Child Custody
Child custody decisions in Mississippi are made based on the best interests of the child. Adultery, unless directly related to the child’s well-being, is generally not considered a determining factor.
However, if the actions associated with adultery took place in the presence of the child, the court may factor it into their custody determination. It is essential to note that the mere act of committing adultery alone does not automatically affect child custody arrangements.
Proving Adultery in Mississippi
To utilize adultery as grounds for divorce in Mississippi, sufficient evidence must be presented to prove that the spouse committed adultery. This can be a challenging task, given that the spouse involved may deny or attempt to conceal their actions.
One method of proving adultery is by enlisting the services of a private investigator to gather evidence. The investigator may be able to obtain photographic or video evidence of the adulterous activities, which can then be presented during court proceedings.
It is important to emphasize that demonstrating that the spouse spent time with someone else is insufficient evidence. Proof of sexual intercourse must be established to successfully argue adultery.
Conclusion
Adultery can have a significant impact on divorce cases in Mississippi, particularly affecting property division and alimony determinations. However, proving adultery can present challenges, and it is crucial to seek guidance from an experienced divorce attorney who can assist you throughout the process. With the appropriate legal support, it is possible to navigate the complexities of divorce and achieve a favorable outcome, even when facing the presence of adultery.