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Marital Property and Division of Assets Since 1994, Mississippi has been an equitable distribution state. This means that marital property is divided fairly and equitably, but not always in a 50/50 split. Chancery courts must first decide which assets are marital and which are separate.
For example, in Maine, Mississippi, and Tennessee, judges will only award alimony in marriages lasting longer than 10 years. In these states, alimony payments cant last longer than half the length of the marriage unless there are extenuating circumstances, like a physical or mental disability.
1: Mississippi is not a community property state. This means family law courts in the state do not expect a 50-50 division of assets; rather, the state expects to see an equitable distribution of assets, through the divorce.
Spousal abandonment is a desertion without cause that continues for a specific length of time, usually one year.
In Mississippi, a spouse can petition the court to award financial support from one spouse to another. This is known as alimony. If you can show financial need and your spouse has the financial means to support it, the court can award you alimony, also known as spousal support.
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Desertion or abandonment in a marriage is when one spouse leaves the other without warning and offers no communication for at least one year. If that person also has children who depend on them financially, they can be charged by the state of Mississippi for criminal abandonment.
Desertion is a ground for divorce in states with fault divorce. In the context of divorce, cases such as this one from Virginia explain that Desertion occurs when one spouse breaks off marital cohabitation with the intent to remain apart permanently, without the consent and against the will of the other spouse.
Marital Property and Division of Assets Since 1994, Mississippi has been an equitable distribution state. This means that marital property is divided fairly and equitably, but not always in a 50/50 split. Chancery courts must first decide which assets are marital and which are separate.
A married couples shared assets must be divided equitably in a Mississippi divorce. However, the assets are not usually divided in a 50/50 split. Instead, the courts will fairly divide the assets while accounting for each spouses needs, their standard of living before the divorce, and other factors.
Fleeing marriage and a spouse is not uncommon, and in Mississippi, desertionor abandonment by one spouse may be a ground for divorce. Under Mississippi law, [w]illful, continued and obstinate desertion for the space of one (1) year is grounds for divorce. MS 93-5-1 (2014).

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