How can I get a divorce if my wife refuses to sign papers?

Divorce 4 views 2 answers
What can be done if a spouse simply refuses to sign divorce papers? While there is nothing I can see that qualifies as an at-fault divorce, the emotional toll that it took caused severe migraines, and for me to be put on anti-depressants. Upon moving out, these symptoms all disappeared as she was the direct cause. We've separated at this point, already splitting time with our children equally. What options exist?

Attorney Answers

2
Anders Ferrington ·
If the spouse will not agree to a no fault divorce the only option is a fault based divorce. Seek counsel to examine your options. I know I have counseled many in this situation
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Dana Leigh BumgardnerCriminal Defense AttorneyLaurel, MS ·
If the spouse will not agree to a divorce on the grounds of irreconcilable differences, then there must be fault grounds proven. Below is a list of the fault grounds from the statute that applies in Mississippi. Consult with counsel to see if any of these apply to you. and be mindful, this is a partial quote of the statute. § 93-5-1. Causes allowed Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve (12) causes: First. Natural impotency. Second. Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after a knowledge by complainant of the adultery. Third. Being sentenced to any penitentiary, and not pardoned before being sent there. Fourth. Willful, continued and obstinate desertion for the space of one (1) year. Fifth. Habitual drunkenness. Sixth. Habitual and excessive use of opium, morphine or other like drug. Seventh. Habitual cruel and inhuman treatment. Eighth. Having mental illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity. Ninth. Marriage to some other person at the time of the pretended marriage between the parties. Tenth. Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy. Eleventh. Either party may have a divorce if they are related to each other within the degrees of kindred between whom marriage is prohibited by law. Twelfth. Incurable mental illness. However, no divorce shall be granted upon this ground unless the party with mental illness has been under regular treatment for mental illness and causes thereof, confined in an institution for persons with mental illness for a period of at least three (3) years immediately preceding the commencement of the action.
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