It shall be no impediment to a divorce that the offended spouse did not leave the marital domicile or separate from the offending spouse on account of the conduct of the offending spouse.
Miss. Code Ann. § 93-5-4
Offended spouse’s failure to leave marital domicile or separate from offending spouse no impediment to divorce
Applied in 7 court decisions — leading case 537 So. 2d 435 - Cheatham v. Cheatham (1988)
Most recently applied in 265 So. 3d 121 - Michael T. Gerty v. Joesie R. Gerty (December 2018)
Laws, 1976, ch. 451, § 2, eff from and after July 1, 1976.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.