Proving adultery in a Mississippi divorce gives fault-based grounds for divorce. The Law Offices of Mel Coxwell can help and provide more information.
What Does Adultery Legally Mean in Mississippi?
There are 12 ‘fault-based’ grounds for divorce in Mississippi. One of them is adultery. Adultery, like most of the other fault grounds, must be proven by clear and convincing evidence.
So, let’s start with a definition.
Mississippi law defines adultery as voluntary sexual intercourse between a married person and someone other than their spouse; and, that includes sexual contact between persons of the same sex.
Just a single act of adultery can be enough to justify a divorce, including when the adultery occurs after the parties have separated.
Two Types of Evidence for Adultery
There are two types of evidence you can gather to try to prove adultery in a Mississippi divorce.
The first kind of evidence is direct evidence, and that can include:
- Your spouse’s admission – they told you what happened.
- Spouse’s boyfriend/girlfriend’s admission – someone else told you what happened.
- Admissible photographs or recordings – visual or audio proof of what happened.
The second kind of evidence is circumstantial evidence. Because adultery is often secretive, and difficult to prove, circumstantial evidence would create an inference that the adultery occurred, based on specific circumstances. However, the circumstantial evidence must be such that it excludes any other reasonable explanation for the behavior.
To successfully prove adultery using circumstantial evidence, you’ll need to establish two key elements:
- Adulterous Inclination or Infatuation with another: This shows your spouse had a desire to cheat. It can be proven by evidence of flirtatious behavior, romantic emails/texts, or an established infatuation with another person.
- Opportunity: This demonstrates your spouse had the opportunity to act on their desires. Perhaps your spouse was out of town, at the same business conference with the person you believe they are cheating with.
Circumstantial evidence cases are often proven with the use of:
- Phone records
- Hotel receipts
- Credit card statements
- Admissible computer files
Key Considerations:
There are a couple of additional items to consider when it comes to adultery in a marriage.
- There is a concept known as ‘condonation’. That means that If you continue marital relations after discovering the infidelity, that may constitute a defense to adultery.
- Also, be mindful of Mississippi’s privacy laws when you’re trying to collect evidence against your spouse. Avoid methods like installing spyware or going through your spouse’s phone without permission.
Other Fault-Based Grounds for Divorce in Mississippi
Mississippi law recognizes 12 fault-based grounds for divorce, each requiring specific evidence to be proven in court. Except for adultery, Mississippi allows divorce for desertion if one spouse abandons the other for at least one year without the intention of returning. Drunkenness and habitual drug use also qualify as grounds if they substantially impact the marriage.
Other grounds include habitual and excessive drug use, felony conviction, and impotency, provided it was undisclosed before the marriage. In cases of mental illness or insanity where one spouse is institutionalized, divorce may also be granted.
Another ground, bigamy, involves a spouse remarrying while already legally married. Finally, incest, or marriage within prohibited family relations, and natural importance discovered after marriage are also recognized as fault-based grounds for divorce.
Each of these grounds has specific requirements that must be met to qualify for divorce on that basis in Mississippi.
Can Adultery Affect Alimony Awards in Mississippi?
In a Mississippi divorce case, adultery can significantly influence alimony awards in divorce proceedings. While adultery does not automatically disqualify a spouse from receiving alimony, it often plays a substantial role in the court’s decision-making process. If one spouse’s adulterous actions are proven to have directly harmed the marital relationship, a judge may consider this behavior when determining the amount and type of alimony to be awarded. For instance, in cases where a faithful spouse has endured financial or emotional hardship due to the other’s infidelity, the court may reduce or deny alimony to the offending party.
However, Mississippi law still allows some discretion, and a judge may award alimony if they determine it necessary based on other factors, such as the length of the marriage, financial disparity, and contributions to the household. Therefore, while adultery can negatively impact alimony outcomes, Mississippi courts take a comprehensive view of both parties’ needs and contributions when finalizing alimony decisions.
The Role of an Attorney
Navigating the complexities of proving adultery can be challenging. A lawyer can help you to assess your case, gather evidence, represent you in court, and protect your child or children’s best interests throughout the process.
If you’d like to talk to an attorney, you can contact my office to set up an initial consultation.
[This post is for informational purposes only and does not constitute legal advice. Consult with an attorney to discuss your specific situation.]
FAQ
Why does adultery matter in a Mississippi divorce?
Adultery can be relevant to fault-based divorce grounds and may influence issues like alimony or property division, depending on the circumstances.
What evidence can help prove adultery?
Evidence might include photographs, text messages, emails, witness testimony, receipts, or social media posts indicating a spouse’s involvement with someone outside the marriage.
Do you need direct proof of sexual activity?
Not always. Courts may consider circumstantial evidence that supports the inference of adultery if direct proof is unavailable, but the standards vary and depend on the judge’s assessment of credibility.
Can private investigators be used to gather evidence?
Yes, in some cases, parties may hire private investigators to document suspected adultery, such as through surveillance or gathering admissible evidence for court.
Does proving adultery automatically affect property division or custody?
Not automatically. While adultery may influence certain discretionary decisions like alimony or credibility in court, property division and custody decisions are based on broader statutory factors focused on fairness or the best interests of the child.