Desertion What Is It?

Getting a divorce can be a complicated process, and it’s important to understand the laws and regulations that govern the process. In Mississippi, one of the grounds for divorce is desertion. According to Mississippi Code Annotated section 93–5–1 (Supp.2013), a divorce may be granted if the defendant has “wilful, continued[,] and obstinate desertion for the space of one year.”

However, it’s important to note that the party seeking the divorce must not have “provok[ed] the defendant into the acts which constitute the alleged ground[ ] for divorce.” (Ammons v. Ammons, 144 Miss. 314, 318, 109 So. 795, 795 (1926)). In this article, we’ll delve into the specifics of desertion as a ground for divorce in Mississippi, including the criteria for a successful desertion claim and how the defendant may defend against such a claim.

What is Desertion as a Ground for Divorce in Mississippi?

In Mississippi, desertion is defined as a situation in which one spouse has abandoned the other without just cause for a continuous period of one year. To establish desertion as a ground for divorce, the party seeking the divorce must prove that the defendant left the marital home voluntarily and without just cause.

The defendant may defend against a claim of desertion by “set[ting] up any misconduct of [the] plaintiff which justified the separation.” (Ammons v. Ammons, 144 Miss. 314, 318, 109 So. 795, 795 (1926)). In other words, the defendant may argue that the actions of the party seeking the divorce were the cause of the separation.

Brown v. Brown: A Case Study

One of the most notable cases that dealt with desertion as a ground for divorce in Mississippi is Brown v. Brown, 142 So.3d 425 (Miss. App. 2014). In this case, Scott left the marital home on December 30, 2009, and his wife, Kim, filed a counterclaim for divorce on February 2, 2011. Despite Kim’s repeated attempts to reconcile with Scott, he never returned to the marriage.

In the final judgment and opinion, the chancellor addressed the substantial credible evidence presented to defend against the claim of desertion. Scott testified that Kim had put him out of the bedroom in November 2009 and that her absence from the home often caused him great stress. Kim, on the other hand, claimed that there were no problems in the marriage until Scott left on December 30, 2009.

The chancellor ultimately found Scott to be more credible than Kim and denied the divorce on the grounds of desertion. The Mississippi Supreme Court upheld the chancellor’s decision, stating that the chancellor was the sole judge of the credibility of witnesses and that their decision was supported by substantial credible evidence.

WHAT DOES THE LEGAL MUMBO JUMBO MEAN?

Here’s what the legal mumbo jumbo means: if you didn’t do anything to cause your spouse to leave and your spouse leaves the marital home for one year, then you can get a divorce on the grounds of desertion.

On the other hand, if you spouse claims you beat them up, you are a drunk, etc., then you CAUSED them to leave so you can NOT get a divorce for desertion.