Thursday, February 5, 2015

Divorce Ground Legislation

House Bill 185 seeks to amend Mississippi’s divorce statute to add language that says that a divorce on habitual cruel and inhuman treatment may be granted where there is “excessive verbal, mental, psychological or emotional abuse.” This would clarify a few things.  However, from a practical standpoint under the caselaw, one can already get a divorce under this ground by proving those things.  To me the interesting issue would be how to interpret the word excessive.  Can one be a little abusive, just not excessive?  What is excessive?  I have my doubts the bill passes because any attempts to amend the divorce statute have been unsuccessful in prior years. 

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