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Mississippi Code

Miss. Code Ann. § 93-5-4 (2026)

Offended spouse's failure to leave marital domicile or separate from offending spouse no impediment to divorce

✓ current as of July 2026
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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.

Laws, 1976, ch. 451, § 2, eff. 7/1/1976.

Notes of Decisions
Cited in 9 cases, 1988–2018 · leading case: Cheatham v. Cheatham, 537 So. 2d 435 (Miss. 1988).
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Cheatham v. Cheatham, 537 So. 2d 435 (Miss. 1988). · cites it 6× “§ 93-5-1 provides that adultery may be a cause for divorce "unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after a knowledge by complainant of the adultery.”
Michael T. Gerty v. Joesie R. Gerty, 265 So. 3d 121 (Miss. 2018). · cites it 2× “Compare Miss. Code Ann. § 93-5-4 (1972). Condonation, even if a true condonation exists, is conditioned on the offending spouse's continued good behavior.”
Cherry v. Cherry, 593 So. 2d 13 (Miss. 1991). · cites it 2× “1983); see also Miss. Code Ann. § 93-5-4 (Supp. 1990) ("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").”
Ashburn v. Ashburn, 970 So. 2d 204 (Miss. Ct. App. 2007). · cites it 2× “1986)) ("[c]ondonation is conditional, based upon the future good behavior of the guilty spouse; [i]f the conduct recurs, the innocent spouse may obtain a divorce based in part upon conduct prior to condonation"); Miss.Code Ann. § 93-5-4 (Rev.2004) ("It shall be no impediment to…”
Davis v. Davis, 832 So. 2d 492 (Miss. 2002). “§ 93-5-4. The "[l]aw does not require that ground for divorce, such as adultery, arise before separation.”
Jethrow v. Jethrow, 571 So. 2d 270 (Miss. 1990). · cites it 2× “1955); Miss. Code Ann. § 93-5-4 (Supp. 1990). [2] It is conceivably possible for valid grounds for divorce to exist despite this.”
Talbert v. Talbert, 759 So. 2d 1105 (Miss. 1999). “Indeed, "[i]t 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.”
Nathaniel Lewis Talbert v. Charlotte Talbert (Miss. 1996). “§ 93-5-4. ¶15. We have never explicitly stated that the adultery should be causally related to the final separation of the parties to be a valid basis for granting a divorce.”
Gary M. Davis v. Sharon Davis (Miss. 2000). “§ 93-5-4. The “[l]aw does not require that ground for divorce, such as adultery, arise before separation.”
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