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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Yates
HOUSE BILL NO. 1271
AN ACT TO AMEND SECTION 93-5-1, MISSISSIPPI CODE OF 1972, TO 1
DELETE THE REQUIREMENT OF WILLFUL AND OBSTINATE FROM THE GROUND OF 2
DIVORCE FOR DESERTION; TO PROVIDE AN ADDITIONAL GROUND OF DIVORCE 3
WHEN THE COURT FINDS THERE HAS BEEN AN IRRETRIEVABLE BREAKDOWN OF 4
THE MARRIAGE AND FURTHER ATTEMPTS AT RECONCILIATION ARE 5
IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTERESTS OF THE PARTIES 6
OR FAMILY; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 93-5-1, Mississippi Code of 1972, is 9
amended as follows: 10
93-5-1. Divorces from the bonds of matrimony may be decreed 11
to the injured party for any one or more of the following * * * 12
thirteen (13) causes: 13
First. Natural impotency. 14
Second. Adultery, unless it should appear that it was 15
committed by collusion of the parties for the purpose of procuring 16
a divorce, or unless the parties cohabited after a knowledge by 17
complainant of the adultery. 18
Third. Being sentenced to any penitentiary, and not pardoned 19
before being sent there. 20
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Fourth. * * * Continued * * * desertion for the space of one 21
(1) year. 22
Fifth. Habitual drunkenness. 23
Sixth. Habitual and excessive use of opium, morphine or 24
other like drug. 25
Seventh. Habitual cruel and inhuman treatment, including 26
spousal domestic abuse. 27
Spousal domestic abuse may be established through the 28
reliable testimony of a single credible witness, who may be the 29
injured party, and includes, but is not limited to: 30
That the injured party's spouse attempted to cause, or 31
purposely, knowingly or recklessly caused bodily injury to the 32
injured party, or that the injured party's spouse attempted by 33
physical menace to put the injured party in fear of imminent 34
serious bodily harm; or 35
That the injured party's spouse engaged in a pattern of 36
behavior against the injured party of threats or intimidation, 37
emotional or verbal abuse, forced isolation, sexual extortion or 38
sexual abuse, or stalking or aggravated stalking as defined in 39
Section 97-3-107, if the pattern of behavior rises above the level 40
of unkindness or rudeness or incompatibility or want of affection. 41
Eighth. Having mental illness or an intellectual disability 42
at the time of marriage, if the party complaining did not know of 43
that infirmity. 44
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Ninth. Marriage to some other person at the time of the 45
pretended marriage between the parties. 46
Tenth. Pregnancy of the wife by another person at the time 47
of the marriage, if the husband did not know of the pregnancy. 48
Eleventh. Either party may have a divorce if they are 49
related to each other within the degrees of kindred between whom 50
marriage is prohibited by law. 51
Twelfth. Incurable mental illness. However, no divorce 52
shall be granted upon this ground unless the party with mental 53
illness has been under regular treatment for mental illness and 54
causes thereof, confined in an institution for persons with mental 55
illness for a period of at least three (3) years immediately 56
preceding the commencement of the action. However, transfer of a 57
party with mental illness to his or her home for treatment or a 58
trial visit on prescription or recommendation of a licensed 59
physician, which treatment or trial visit proves unsuccessful 60
after a bona fide effort by the complaining party to effect a 61
cure, upon the reconfinement of the party with mental illness in 62
an institution for persons with mental illness, shall be regular 63
treatment for mental illness and causes thereof, and the period of 64
time so consumed in seeking to effect a cure or while on a trial 65
visit home shall be added to the period of actual confinement in 66
an institution for persons with mental illness in computing the 67
required period of three (3) years confinement immediately 68
preceding the beginning of the action. No divorce shall be 69
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granted because of mental illness until after a thorough 70
examination of the person with mental illness by two (2) 71
physicians who are recognized authorities on mental diseases. One 72
(1) of those physicians shall be either the superintendent of a 73
state psychiatric hospital or institution or a veterans hospital 74
for persons with mental illness in which the patient is confined, 75
or a member of the medical staff of that hospital or institution 76
who has had the patient in charge. Before incurable mental 77
illness can be successfully proven as a ground for divorce, it 78
shall be necessary that both of those physicians make affidavit 79
that the patient is a person with mental illness at the time of 80
the examination, and both affidavits shall be made a part of the 81
permanent record of the divorce proceedings and shall create the 82
prima facie presumption of incurable mental illness, such as would 83
justify a divorce based on that ground. Service of process shall 84
be made on the superintendent of the hospital or institution in 85
which the defendant is a patient. If the patient is in a hospital 86
or institution outside the state, process shall be served by 87
publication, as in other cases of service by publication, together 88
with the sending of a copy by registered mail to the 89
superintendent of the hospital or institution. In addition, 90
process shall be served upon the next blood relative and guardian, 91
if any. If there is no legal guardian, the court shall appoint a 92
guardian ad litem to represent the interest of the person with 93
mental illness. The relative or guardian and superintendent of 94
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ST: Divorce; create 13th ground for
irretrievable breakdown.
the hospital or institution shall be entitled to appear and be 95
heard upon any and all issues. The status of the parties as to 96
the support and maintenance of the person with mental illness 97
shall not be altered in any way by the granting of the divorce. 98
However, in the discretion of the chancery court, and in 99
those cases as the court may deem it necessary and proper, before 100
any such decree is granted on the ground of incurable mental 101
illness, the complainant, when ordered by the court, shall enter 102
into bond, to be approved by the court, in such an amount as the 103
court may think just and proper, conditioned for the care and 104
keeping of the person with mental illness during the remainder of 105
his or her natural life, unless the person with mental illness has 106
a sufficient estate in his or her own right for that purpose. 107
Thirteenth. Upon application of either party, the court may 108
grant a divorce when the court finds there has been an 109
irretrievable breakdown of the marriage and that further attempts 110
at reconciliation are impractical or futile and not in the best 111
interests of the parties or family. 112
SECTION 2. This act shall take effect and be in force from 113
and after July 1, 2026. 114