Domestic Violence as a new grounds for Divorce

Often the grounds for divorce in the United States and in California is irreconcilable differences.  Family law courts do not require that there is a fault to get divorced. However, under a new law in Mississippi would permit a spouse to allege domestic violence as a ground for divorce in that state.  The bill has been opposed by other house members who do not want to permit a  new domestic violence ground for a divorce in that state.  The bill which was sponsored by senator Sally Doty of the Mississippi Senate would like the statute to permit spouses to only have to prove that emotional and financial abuse occurred.  In addition the Statute would include that “habitual cruel and inhumane treatment” be grounds for divorce as well.  This would be a monumental law permitting spouses to only show some sort of abuse other than physical abuse.  Normally to prove Domestic Violence the party would have to show some sort of reasonable threat if imminent violence or some sort of stalking.  To permit the element of emotional abuse would definitely make proving domestic violence much simpler. That is the concern of  representative Andy Gipson of Mississippi State Legislature who feels another law adding emotional and financial abuse would be duplicative and add nothing to the current law in place. He adds that we do not need to add to an existing divorce law that already includes domestic violence elements in the statute.  His argument states that their is a history in the Mississippi Court system that have held for a victim of domestic violence who can prove there was habitual and cruel inhumane treatment over a period of time. This opposition by Gipson seems to be the issue between he and Senator Doty.  She further states that the new Domestic violence codification under the Mississippi divorce law would allow one witness and one incident to be permitted to prove the grounds for domestic violence under the divorce law. This new element permitting only one instance of abuse to occur as all that is needed to establish domestic violence in a divorce in Mississippi can be crucial in assisting a victim in getting a divorce.  The purpose stated Wendy Mahoney the executive director of the Mississippi Coalition Against Domestic Violence was to make the ability of getting a divorce a little easier for those parties who are victims of domestic violence.  And to show only that one occurrence is all that is be needed to prove domestic violence to get a divorce would be a significant change for the better Wendy Mahoney believes.  Representative Gipson strongly believes that the new addition to the current divorce laws would destroy the stability of marriage and make it easier for people to get divorced.  However, Senator Doty’s fight was fulfilled as the Mississippi State Legislature had passed the bill allowing domestic violence as a ground for divorce.  In addition, one key element that was added included the provision for one key witness as all that is needed to prove domestic violence.  This means that the victim themselves was all that was needed as evidence in Court to establish their case.