Brown v. Brown

¶ 26. I respectfully dissent from the majority’s opinion. The record reflects that the evidence satisfied the requirements of Kim’s requested relief for a divorce based upon the fault ground of *431Scott’s desertion of the marriage. A spouse’s wilful, continued, and obstinate desertion for the space of one year is a ground for divorce. Miss.Code Ann. § 93-5-1 (Rev.2013). Simply stated, “[t]he essence of desertion is one spouse’s abandonment of the marriage without the other’s consent.” Debbie Bell, Bell on Mississippi Family Law § 4.02 (2005).

¶ 27. To prove desertion, Kim had to show: (1) that…