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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Mississippi, adultery is recognized as a legal ground for a fault-based divorce. Under Mississippi law, if a spouse engages in voluntary sexual intercourse with someone who is not their spouse, the other spouse may file for divorce on the grounds of adultery. This can affect the outcome of the divorce proceedings, particularly in matters of alimony and the division of marital assets. Mississippi courts may consider adultery when determining whether to award alimony and may deny alimony to a spouse found guilty of adultery, unless the denial would be considered harsh and oppressive. Additionally, while Mississippi is an equitable distribution state, meaning that marital property is divided in a manner that is fair but not necessarily equal, the presence of adultery could potentially influence the division of assets, leading to an unequal distribution if it is deemed just and equitable by the court.

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Divorce

adultery

Individual & Family Legal Plan

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Mississippi State Code

Mississippi State Code

Divorce

adultery

Articles