Yes.  Mississippi is one of only a few states which you must have a cause for divorce, unless the two parties can otherwise agree to get a divorce. 

Mississippi has twelve (12) grounds (reasons) for divorce:

• Desertion – must be at least one year and without consent, just cause, excuse, or intention to return.
• Natural impotency.
• Insanity without the prior knowledge of the spouse at the time of the marriage
• Idiocy without the prior knowledge of the spouse at the time of the marriage.
• Wife’s pregnancy by another person at the time of the marriage without the knowledge of the Husband.
• Adultery.
• Confinement by the Mississippi Department of Corrections.
• Incurable insanity which developed after the marriage. 
• Habitual drunkenness or habitual drug use.  This ground requires evidence that the offending spouse is habitual alcoholic or drug user and also that the behavior has had a negative impact on the marriage.
• Habitual cruel and inhuman treatment, including spousal abuse.  This is when the conduct by the guilty spouse is such that it endangers life, limb, health, or creates a reasonable apprehension of danger.  This also applies to conduct of an unnatural or infamous nature which makes the marital relationship revolting to the innocent spouse.  You must be able to prove that the spouse conducted this behavior over a period of time, was physical in nature (beatings), or had an adverse physical effect on him or her (entering therapy, counseling, a decline in physical health, etc.)
• Incest.
• Bigamy.  Only the innocent spouse (the spouse not married to another at the time of the marriage) can use this as grounds for divorce.

The standard for the division of property in Mississippi is equitable distribution.  Equitable does not necessarily mean equal.

For most families, this is the largest asset in a divorce.  There are multiple approaches to this in Mississippi divorce cases.  One party can keep the home and refinance the home into their name only, and pay the party that moves their “equity” in the home.  The amount of equity a person receives from a home can vary widely.  In other cases, the party that keeps the home and refinances it may give the spouse moving out other marital assets to “buy out” their equity.  If the parties cannot agree and both want to keep the home for themselves, the Court may order the home sold and each to be paid out of the proceeds.

Other assets that may be divided or awarded to one party over another during a divorce include cars, furniture, ATVs, guns, retirement accounts, pensions, investment accounts, brokerage accounts, and any bank account.

Other assets that may be divided or awarded to one party over another during a divorce include cars, furniture, ATVs, guns, retirement accounts, pensions, investment accounts, brokerage accounts, and any bank account.

Both men and women have been awarded alimony from their spouse, although not every divorce will result in alimony payments.  There are multiple factors to consider when and if the Court awards alimony.  There are also multiple types of alimony.  Some types of alimony will be paid out in one lump sum while others may be paid over a number of years or until the spouse receiving the money dies or remarries.

Mississippi has two (2) types of custody:  physical and legal custody.  Physical custody is the period of time during which a child resides with one of the parents.  Legal custody is the decision-making rights related to a child’s health, education, and welfare.

Joint physical custody means that a child spends significant periods of time living with each parent.  Joint legal custody is when the parents share the decision-making rights regarding the child’s health, education, and welfare.

Almost always, with rare exceptions, someone will have to pay child support.  Even in joint custody situations, someone may be ordered to pay child support, but it may be at a lesser amount than it would be if someone had sole physical custody.

Sole physical custody means that one parent has the child for the majority of the time and the other parent has visitation.  Sole legal custody means that one parent unilaterally makes the decisions regarding the child’s health, education, and welfare.

This may have been the case the majority of the time many years ago, but Mississippi Law does not support a mother, as opposed to a father, is always the best caregiver for a child, by default.

This is a common misconception, although it is considered a factor when initially determining custody of a child, it is not the only factor.  If this is after the final order regarding custody of the child, there must also be a showing of a material change in circumstances to the detriment of the child since the last court order.  Many Mississippians think once a child turns twelve, they can choose where to live, but that is simply not the law.

Maybe.  In order to modify child custody, the party that files must prove three (3) things:

• That a material change in circumstances has occurred in the custodial home;
• That the material change in the custodial home is adversely affecting the child;
• That changing custody is in the best interests of the child.

If you have a current court order which spells out visitation, no.  You need to adhere to the order, even if the other party is not.  If this is the case, it is a good idea to consult a lawyer.  

Refusing visitation to the other party could prevent you from obtaining the child support due to having “unclean hands,” a legal doctrine in Mississippi.  Withholding visitation may also result in you being held in contempt of court for failing to follow the order of the Court.  The withholding of visitation may also be used as a reason for modifying the current custody arrangement, if the legal threshold can be met.

These attorneys are either paid by the county (in very rare, specific situations and if that county has a county Guardian ad Litem) or paid by the parties.  Which party, or if both parties pay the Guardian ad Litem is determined by the Court.