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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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Would my husband's ongoing and damaging porn addiction

Customer Question

Would my husband's ongoing and damaging porn addiction fall under "Cruel and in humane treatment" grounds for divorce in Mississippi?
Submitted: 11 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If your husband is only watching pornography and not physically hurting anyone (assuming that the porn involves consenting adults), that would not typically rise to the level of cruel and inhumane treatment. Cruel and inhumane treatment means that he's engaging in an ongoing course of conduct that has lead you to fear for your life, and that you have reason to believe this situation will continue forever. Holladay v. Holladay, 776 So. 2d 662, 676 (Miss. 2000).

However, you could claim emotional desertion if he is so addicted to porn that he is not able to be a partner and meet your emotional needs, and this has been ongoing for at least a year. It is also possible to get a no-fault divorce on the grounds of irreconcilable differences, if you can convince your spouse to agree to the divorce. If that isn't possible, emotional desertion may be the option that you'd best be able to prove, based on what you've said.

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