In Mississippi, marital dissolution may be granted based on specific grounds, one of which involves the deliberate and unjustified departure of one spouse from the marital home. This ground necessitates proving a voluntary separation, without the consent of the other spouse, and with no intent to return, lasting for a continuous period as mandated by state law, which is generally one year. For instance, if a husband leaves his wife and children in Mississippi, moves to another state, and makes no effort to maintain contact or provide support for a year or more, this could potentially qualify as grounds for a divorce based on desertion.
Establishing this particular ground for divorce provides a pathway to legal separation without requiring proof of fault, such as adultery or abuse. It offers a recourse when one spouse has effectively ended the marriage by physical and emotional withdrawal. Historically, it addressed situations where societal norms strongly discouraged divorce but recognized the hardship imposed on a spouse left without support or companionship. This legal provision acknowledges the need to dissolve a marriage when one party has demonstrated a clear and sustained rejection of the marital obligations.
