Since I began practicing law I’ve heard numerous times a client tell me “I’m just not happy anymore and I want out of the marriage.” I’ve also heard numerous times a client talk to me from the other end of the spectrum: “My husband/wife wants out because he/she says they are just not happy anymore but I don’t want a divorce.”
Exactly what does “I’m just not happy anymore” mean? It might mean:
(A) I’m really just not happy anymore; or
(B) I’ve found someone else who is more exciting and makes me happy because they meet my needs (“the grass is always greener” syndrome).
In my experience, more times than not the “I’m just not happy anymore” spouse (“Unhappy”) is not happy because they are not free to openly have the relationship with the person they are newly involved with because they are married. Maybe this sounds cynical - but its true.
Mississippi law does not recognize as a grounds for divorce the “I’m just not happy anymore and want out” ground. Other states do (another topic for a later blog post).
In Mississippi, if Unhappy cannot prove one of the marital fault grounds for divorce, Unhappy must either get his spouse to consent to a divorce on irreconcilable differences or be prepared to stay married (and unhappy).
On the other hand, if “Happy” wants to keep the marriage intact, Happy can refuse to grant a divorce to Unhappy and make Unhappy try to prove that Happy is guilty of a marital fault ground.
I don’t ever remember a single wedding that I attended where the vows ended with “...so long as you both shall be happy”. Have you?
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