Mississippi 2023 Regular Session

Mississippi Senate Bill SB2644

Introduced
1/16/23  
Refer
1/16/23  
Engrossed
2/9/23  
Refer
2/23/23  

Caption

Divorce; authorize where marriage is irretrievably broken.

Impact

The implications of SB2644 are considerable, particularly in how divorces are processed within Mississippi. By eliminating the need for willful desertion and focusing on the irretrievable breakdown of a marriage, the bill aims to streamline the legal procedure and make it less confrontational. Lawmakers anticipate that this will reduce instances of protracted legal disputes and create a more compassionate legal framework for couples seeking divorce, potentially benefiting parties engaged in costly and emotional litigation. Overall, this bill aims to foster a more just and understanding system for addressing marital dissolution.

Summary

Senate Bill 2644 amends Section 93-5-1 of the Mississippi Code of 1972 regarding grounds for divorce. The primary change is the removal of the requirement for willful and obstinate desertion as a specific ground for divorce. Instead, it introduces a new provision that allows courts to grant divorces on the basis of an 'irretrievable breakdown' of the marriage, emphasizing that attempts at reconciliation must be deemed impractical or futile. This reformation is significant as it aligns the divorce process more closely with contemporary views on marital breakdown and resilience, offering a more pragmatic approach to composition of familial law.

Sentiment

The sentiment surrounding SB2644 appears to be mainly positive, particularly among lawmakers advocating for more progressive changes in family law. Proponents argue that the emotional toll of marriage dissolution must be acknowledged, and that the legal process should be reflective of this reality. Critics, however, raise concerns about potential misuse of the broad grounds for divorce. There are worries that without the previous requirements, individuals might pursue divorces more readily without adequate consideration for the reciprocal consequences. This indicates a tension between the desire for reform and the preservation of certain marital norms.

Contention

While the bill has garnered support for its modernization of divorce statutes, there are notable points of contention. Opponents express concern that the simplification of divorce grounds might lead to rushed decisions or instances where couples feel pressured to dissolve their marriages without fully exploring reconciliation options. There is also the potential for increased litigation as individuals may take advantage of the broader grounds for divorce. Thus, while SB2644 represents a significant update to marital law, it also prompts ongoing discussions about the balance between individual rights to divorce and the sanctity of marriage.

Companion Bills

No companion bills found.

Previously Filed As

MS SB2643

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 HB834

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

MS HB1342

Adoption procedures; regulate by creating a licensure authority.

MS HB1388

Divorce and alimony; bring forward statutes relating to.

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