Mississippi 2022 Regular Session

Mississippi House Bill HB834

Introduced
1/17/22  
Refer
1/17/22  

Caption

Divorce; bring forward grounds of, for purposes of amendment.

Impact

The bill's implications may significantly alter the landscape of divorce proceedings in Mississippi. By clarifying the grounds for divorce, HB834 could streamline judicial processes and reduce the potential for ambiguous cases. Moreover, the stipulations regarding the treatment of individuals with mental illness before a divorce can be granted emphasize the state's intent to protect vulnerable populations while ensuring that adequate care is a prerequisite to such legal actions. This change aims to ensure that mental health is taken seriously in legal contexts, potentially impacting how future cases involving mental health issues are handled by the courts.

Summary

House Bill 834 aims to amend Section 93-5-1 of the Mississippi Code of 1972, which outlines the legal grounds for divorce. By bringing forward this section, the bill intends to ensure that the reasons for divorce are well-defined and comply with the current standards of mental health and spousal welfare. The bill enumerates twelve specific causes for which a divorce may be granted, including natural impotency, adultery, incarceration, desertion, substance abuse, and spousal cruelty, among others. One notable inclusion is the provision allowing for divorce based on 'incurable mental illness', which entails strict conditions that must be met before such a claim can be validated in court.

Contention

There may be points of contention surrounding the implementation of HB834, particularly with respect to the provision concerning mental illness. Some advocates may argue that the requirements for proving incurable mental illness as grounds for divorce could place unnecessary burdens on individuals seeking to leave harmful situations, particularly where spousal abuse or neglect is involved. Critics might express concern that this could inadvertently prevent victims of mental illness from achieving fair legal recourse in divorce scenarios, thereby continuing cycles of abuse or neglect. Conversely, supporters of the bill may argue that these conditions are essential for protecting individuals suffering from mental health issues, thus ensuring that they are treated with care and respect throughout the divorce process.

Companion Bills

No companion bills found.

Previously Filed As

MS HB1388

Divorce and alimony; bring forward statutes relating to.

MS SB2643

Divorce; authorize where marriage is irretrievably broken.

MS SB2644

Divorce; authorize where marriage is irretrievably broken.

MS HB546

Divorce; authorize where marriage is irretrievably broken.

MS HB1046

Divorce; authorize where marriage is irretrievably broken.

MS HB496

Divorce; authorize where marriage is irretrievably broken.

MS HB1389

Divorce; authorize when marriage is deemed irretrievably broken.

MS SB2535

Divorce; authorize a court to grant when it is determined that a marriage is irretrievably broken.

MS SB2081

Divorce; authorize a court to grant when it is determined that a marriage is irretrievably broken.

MS HB1342

Adoption procedures; regulate by creating a licensure authority.

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