Monday, June 30, 2014
Collusion is still one of those old terms floating around in Mississippi divorce law from the times before irreconcilable differences. Divorce is still a creature of statute and issues still come up with it some. Mississippi Code Annotated 93-5-7 provides that "... in all cases, except complaints seeking a divorce on the ground of irreconcilable differences, the complaint must be accompanied with an affidavit of plaintiff that it is not filed by collusion with the defendant for the purpose of obtaining a divorce, but that the cause or causes for divorce stated in the complaint are true as stated." A colleague of mine had an issue on this come up last week. Opposing party was in contempt for the nonpayment of alimony in a rather large amount. Turns out original divorce on fault grounds did not have collusion affidavit. Result, divorce void for failure to comply with statute.