MISSISSIPPI — The Mississippi legislature could soon make domestic violence grounds for divorce.
Senate Bill 2418 passed the state Senate unanimously, and the measure is on its way to the state House.
WREG spoke with a domestic violence survivor about how the measure might help abused spouses.
WREG is not revealing the woman’s identity. She met with us at House of Grace, a ministry that provides services and shelter to battered women and their children. The House of Grace office is in Southaven.
“Sometimes, I get angry when I think about it,” the woman said. It is still hard for her to talk about.
She said her husband of more than 10 years was abusive, and she is seeking a divorce.
“I did talk to an attorney that was referred to me from the House of Grace and she’s given me a lot of helpful information,” she said.
WREG told her about legislation that would add domestic violence as grounds for divorce if there is “clear and convincing evidence.”
“That is a good thing, because a lot of people are scared, and they don’t know how to go about doing it. I was one of them,” the woman said.
There are currently 12 grounds for divorce in Mississippi.
1) Natural impotency
2) Adultery
3) Being sentenced to any penitentiary, and not pardoned before being sent there
4) Willful, continued and obstinate desertion for the space of one year
5) Habitual drunkenness
6) Habitual and excessive use of opium, morphine, or other like drug
7) Habitual cruel and inhuman treatment
8) Having mental illness or an intellectual disability at the time of the marriage, if the party complaining did not know of that infirmity
9) Marriage to some other person at the time of the pretended marriage between the two parties
10) Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy
11) If they are related to each other within the degrees of kindred between whom marriage is prohibited by law
12) Incurable mental illness
A law office told WREG that domestic violence victims currently seeking divorce usually indicate habitual cruel and inhuman treatment.
The person we spoke with suggested that offering domestic violence as a choice might make the process clearer.
Bill sponsor Senator Sally Doty told WREG that this measure makes the grounds for divorce clear. It indicates that there are grounds for divorce with “one or more instances of domestic violence.”
She said the evidence necessary is up to judges’ discretion.
“I’m in favor of anything that helps our women and children, make life easier, and help them get through the process faster,” said Founder and Executive Director of House of Grace Lorine Cady.
If the bill passes the state House and is signed into law, it will become effective July 1, 2016.
