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Bill > HB496


MS HB496

MS HB496
Divorce; authorize where marriage is irretrievably broken.


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Amend Section 93-5-1, Mississippi Code Of 1972, To Delete The Requirement Of Willful And Obstinate From The Ground Of Divorce For Desertion; To Provide An Additional Ground Of Divorce When The Court Finds There Has Been An Irretrievable Breakdown Of The Marriage And That Further Attempts At Reconciliation Are Impractical Or Futile And Not In The Best Interests Of The Parties Or Family; And For Related Purposes.

AI Summary

This bill amends Mississippi's divorce law by adding a new, thirteenth ground for divorce that allows couples to end their marriage when the court determines the marriage has experienced an irretrievable breakdown. Specifically, the bill removes the words "willful" and "obstinate" from the existing desertion clause and introduces a new provision enabling either spouse to seek a divorce if the court finds that the marriage is fundamentally broken and that further attempts at reconciliation would be impractical, futile, or contrary to the best interests of the parties or their family. The bill modifies Section 93-5-1 of the Mississippi Code of 1972, expanding the legal grounds for divorce and providing a more flexible approach to marital dissolution. This change reflects a broader trend in family law toward recognizing that marriages can break down without requiring proof of specific fault or misconduct. The new provision gives courts more discretion in evaluating the viability of a marriage and allows couples to end their marriage more easily when the relationship has irreparably deteriorated. The bill is set to take effect on July 1, 2025, giving time for legal professionals and courts to prepare for the implementation of this new divorce ground.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

bill text


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