Mississippi 2025 Regular Session

Mississippi Senate Bill SB2081

Introduced
1/17/25  
Refer
1/17/25  

Caption

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

Impact

The proposed amendments by SB2081 are significant as they seek to simplify the divorce process, allowing individuals to seek relief without having to meet stringent prerequisites regarding behavior during the separation. Removing the 'willful and obstinate' requirement addresses concerns about individuals remaining trapped in undesirable or harmful marriages due to outdated legal standards. The new ground for divorce reflects evolving family dynamics and acknowledges that relationships can deteriorate without clear malice or wrongdoing from either party.

Summary

Senate Bill 2081 aims to amend Section 93-5-1 of the Mississippi Code of 1972 by removing the requirement that desertion must be willful and obstinate in order to serve as grounds for divorce. Additionally, the bill introduces a new provision allowing courts to grant a divorce when it is found that there has been an irretrievable breakdown of the marriage, meaning further attempts at reconciliation would be impractical or futile. This legislative change underscores a shift towards a more modern understanding of marital dissolution and caters to the complexities of contemporary relationships.

Contention

Notable points of contention may arise regarding the potential for expedited divorces, as some may argue that it could lead to hasty decisions made under emotional distress. Critics might express concern about the implications of categorizing relationships as irretrievably broken without thorough evaluations. In legislating such changes, there could be a call for additional safeguards to ensure that decisions made in court are in the best interests of both parties and any children involved.

Notable_points

SB2081 is designed to take effect on July 1, 2025, indicating a planned transition to these updated legal frameworks. The interaction between family law, emotional wellbeing, and legal standards is central to these discussions, as lawmakers navigate the balance of allowing personal agency while ensuring suitable provisions for vulnerable parties involved.

Companion Bills

No companion bills found.

Previously Filed As

MS SB2535

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

MS HB546

Divorce; authorize where marriage is irretrievably broken.

MS SB2644

Divorce; authorize where marriage is irretrievably broken.

MS HB1046

Divorce; authorize where marriage is irretrievably broken.

MS HB1389

Divorce; authorize when marriage is deemed irretrievably broken.

MS HB1342

Adoption procedures; regulate by creating a licensure authority.

MS HB1388

Divorce and alimony; bring forward statutes relating to.

MS HB783

Child custody; require presumption of joint custody and equal parenting time.

MS HB1088

Circuit courts; authorize jurisdiction for persons with criminal charges who may need civil commitment procedures.

MS HB1292

Child custody; create rebuttable presumption that equal (50-50) joint custody is in best interest of the child.

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