What evidence do I need to gather to get him with adultery?

On May 22 my husband went to work and never came back home. He just abandoned me and I listened to his voice messages from another woman. This house is in his name but he left the marital home. I need to know what kind of evidence a Mississippi judge would have to have in order to give me a divorce on the grounds of adultery. I am in a situation where I’m under a doctor’s care for depression and can’t work. When he was home he never allowed me to work. Any other advice would be greatly appreciated because I don’t even know where to start anything. Thank you so much.

Asked on June 14, 2009 under Family Law, Mississippi

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You do not need to prove adultery to get a divorce.  You simply need to file a complaint (which is a form that the court has to fill out) that says that you and your husband an irreconcileable differnces. You will have to serve your husband with the papers to start the process.  Then the court will have a date set to discuss the case.  The court will take into consideration you not working and order that your husband make alimony payments to you. I suggest hiring a lawyer to help you here.


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