In Mississippi how can I prove spousal abuse in the divorce?

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Question:

In Mississippi how can I prove spousal abuse in the divorce?

Answer:

In Mississippi, spousal abuse is one of the grounds upon which you may seek an at-fault divorce. However, as with any other grounds used as divorce in a court of law, you must prove that the abuse took place. Doing so is not complex, but will require some work on your part. So, how do you file for a divorce under the grounds of abuse? 

The court will take a claim of abuse very seriously, so it's important that you work with a lawyer and ensure that your claims are sufficiently backed by evidence. Some types of evidence that will likely support you in court include:

  • Records of police phone calls and/ or visits to your home based on incidents of abuse or battering
  • Records of you having made visits or phone calls to shelters, victims' aid groups, or other havens for those seeking assistance in abusive marriages
  • Recordings (video and/ or audio) of the abuse taking place
  • Medical records showing the effects of physical abuse
  • Witness statements from friends and family explaining incidents they witnessed, given ideally under oath (these people may wish to give their statements in writing, but it may be even more effective if they are willing to testify during your divorce hearing)
  • Statements from medical professionals, legal professionals, counselors, or any other individuals from whom you may have sought help with the abusive situation

While proving abuse isn’t always easy, the above types of evidence are typically considered reasonable and legitimate by the court, and should, along with all proper documentation, be enough to support your claim and get the divorce granted on the grounds you seek. You should also get help from a lawyer who can help you to collect the evidence you need. 

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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