Ocean Springs Divorce – Husband Hates You
Can you get an Ocean Springs divorce if your husband hates you?
Probably not.
Why?
Because Mississippi requires that you prove certain things to get a divorce.
In other words, if your spouse won’t agree to a divorce, then you have to prove a reason for the divorce.
And the reason can’t just be anything.
It must be one of the reasons the Mississippi Legislature has said is okay to get a divorce.
This brings us to what the Mississippi Legislature calls “habitual cruel and unusual treatment.”
Ocean Springs Divorce – Husband Hates You
Nalonnie and Leslie Osborne were married in June 1999.
Leslie goes by the nickname “Les.”
Les decided after many years he didn’t want to be married to Nalonnie anymore.
Les would do some things such as refused to give Nalonnie money for groceries because he “might no like what food she bought.”
Les would also do things such as refusing to let Nalonnie sign Christmas gifts as being from both of them if she had not paid for the gift.
A real sweetheart.
So Naolonnie got sick of it and filed for divorce.
But, Les refused to agree to the divorce.
Why?
He didn’t want to have to share any of the property and other things they accumulated during the marriage.
Ocean Springs Divorce – The Law
And here is the problem that Naolonnie runs into: THE LAW.
The Mississippi Supreme Court said:
In order for a divorce to be granted on the ground of habitual cruel and inhuman treatment, the following must be proven by a preponderance of the evidence: conduct that either (1) endangers life, limb, or health, or creates a reasonable apprehension ofsuch danger, rendering the relationship unsafe for the party seeking relief, or (2) is so unnatural and
infamous as to make the marriage revolting to the nonoffending spouse and render it impossible for that spouse to discharge the duties of marriage, thus destroying the basis for its continuance.
“The conduct must consist of something more than unkindness or rudeness or mere incompatibility or want of affection.”
We agree with the chancellor’s conclusion that, in the case of Lonnie and Les, “[t]he treatment that each has rendered to the other constitutes nothing more than mere unkindness, rudeness, frivolous quarrels, lack of affection and incompatibility.”
These behaviors are insufficient to support the grant of a divorce on the ground of habitual cruel and inhuman treatment. Criticism and
controlling behavior will “not fulfill the requirements of a divorce on the grounds of habitual cruel and inhuman treatment.”
As the chancellor concluded, “[s]tanding one’s ground and refusing to give in to the wishes of the other does not constitute cruelty.”
When evaluating habitual cruel and inhuman treatment, chancellors look not only at the offending spouse’s conduct but also at the impact made on the plaintiff spouse.
Here, Lonnie testified that she had suffered from feelings of being unhappy, stressed, and somewhat depressed dating to a period of years prior to her marriage with Les. Her work also contributed to her stress.
We agree with the chancellor’s finding that Lonnie was unable to prove that her relationship with Les caused these feelings and other health problems.
So, Naolonnie is stuck with Les.
What do you think about that?
You can read the decision by clicking on
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