Mississippi 2024 Regular Session

Mississippi Senate Bill SB2535

Introduced
2/16/24  
Refer
2/16/24  
Engrossed
3/13/24  
Refer
3/18/24  

Caption

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

Impact

The passage of SB2535 represents a significant change in divorce legislation in Mississippi, reflecting a shift toward recognizing the complexities of modern marriages. The change aims to reduce legal hurdles for individuals seeking to end their marriages amicably by recognizing that irretrievable breakdown is a valid basis for divorce without the need to prove fault. This could lead to an increase in divorce filings as individuals may find it easier to navigate the legal landscape surrounding marital dissolution. The bill is set to impact families, domestic relationships, and the legal system in Mississippi, particularly in how divorce cases are handled in court.

Summary

Senate Bill 2535, as passed in the Mississippi legislature, amends the current divorce law stipulated in Section 93-5-1 of the Mississippi Code of 1972. The bill introduces an additional ground for divorce by allowing courts to grant a divorce if it is determined that a marriage is irretrievably broken, and further attempts at reconciliation would be impractical or futile. This addition addresses the evolving nature of familial relationships and recognizes that not all marriages can or should be salvaged through reconciliation efforts. It also removes the existing requirement of 'willful and obstinate' behavior from the ground for divorce due to desertion, simplifying the process for affected parties.

Sentiment

The sentiment surrounding SB2535 is largely supportive among those who advocate for family law reform and believe that individuals should have the autonomy to make decisions about their relationships without excessive legal constraints. Proponents argue that the bill will provide a more compassionate and realistic approach to divorce proceedings. However, there may also be concerns from those who worry that such changes could contribute to a culture where marriages are more readily discarded instead of salvaged. Hence, while support exists for the bill, discussions also highlight a broader debate regarding the sanctity of marriage and the implications of defining marriage dissolution through the lens of irretrievability.

Contention

One notable point of contention is the potential shift in societal norms regarding marriage and divorce. Critics may argue that simplifying the grounds for divorce could inadvertently promote a lack of commitment to marital relationships, leading to a rise in divorces without sufficient effort toward reconciliation. This has implications for family structures, children's welfare, and social support systems, as attitudes toward marriage and divorce can shape societal expectations and responsibilities. Balancing the need for accessible legal processes with the emotional and social significance of marriage remains a central issue in the discussions around SB2535.

Companion Bills

No companion bills found.

Previously Filed As

MS SB2644

Divorce; authorize where marriage is irretrievably broken.

MS HB546

Divorce; authorize where marriage is irretrievably broken.

MS HB1342

Adoption procedures; regulate by creating a licensure authority.

MS HB320

Child support for pregnant women; provide authority to allow court to order.

MS HB451

Bail; revise how the amount is determined and authorize certain options for the defendant.

MS HB1135

Prior authorization; bring forward code sections related to.

MS SB2320

Physicians; no licensing agency can discriminate or take a hostile action against for views on COVID vaccine.

MS HB118

Disabilities, persons with; modernize terminology used to refer to.

MS HB1366

Licensing boards; prohibit from disciplinary or threatening discipline of health care providers for exercising free speech rights.

MS HB1258

Gender Transition Procedures; prohibit for persons under age twenty-one.

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