Woman Forced to Leave Mississippi to Get Divorced

Elizabeth Freels knew in 2001 that she wanted a divorce from her husband David after seven years of marriage. But in the state of Mississippi, where the couple lived, archaic divorce laws kept Elizabeth from dissolving the marriage. The problem? Her husband didn't want one.

Mississippi is one of just two states int he U.S. that does not have a true "no-fault" option when it comes to divorce. One spouse can single-handedly hold up a divorce for years, or more than a decade in Ms. Freels's case.

Efforts have been made to amend Mississippi divorce laws, but those initiatives have failed. In April 2016, the state failed to adopt a bill that would have made domestic violence grounds for divorce in the state.

Mississippi has 12 grounds for divorce, which includes habitual drunkenness, impotency, incurable mental illness and adultery.

(For more local updates, click here to sign up for the Nashville Patch's daily newsletter and free, real-time news alerts, or find your local Middle Tennessee Patch here.)

Getting a divorce in the state of Mississippi is difficult and expensive. Still, the state has one of the highest divore rates in the country, ranking seventh on the list.

But divorce lawyers say the laws put low-income couples at a disadvantage, particularly homemakers with little resources. Experts argue that the antiquated laws not only hurt the state's economy and court system, but also put spouses and children in dangerous and abusive situations.

Experts say various religious lobbies in the state of Mississippi have fought behind the scenes against reforms to divorce laws.

Ms. Freels's lawyer explained that she would need to prove one of the state's 12 grounds for divorce in order to be granted a divorce, or get her husband to agree to a divorce as well as the terms for finances and custody.

For three years, Ms. Freels remained with her husband, as she lacked the resources to pursue a lengthy court battle. In 2005, she left and moved to Clinton where she filed for divorce. Her husband was not working or paying child support and refused to sell the marital home. Ms. Freels incurred serious expenses as a result.

Mr. Freels would still not agree to a divorce.

After years of her husband holding up the divorce, Ms. Freels was told my by attorney that the only solution was to move out of state.

Ms. Freels waited until her youngest child went off to college, and moved to Washington state after conducting extensive research. She left behind a home and a good job.

"They have favorable divorce laws here," Ms. Freels told WTSP. "A plaintiff can file for divorce and get one in 90 days. I hired a lawyer just in case."

Ms. Freels said the judge was astonished by the length of time she had been pursuing a divorce, until he saw that she had moved from Mississippi.

Mr. Freels was served with divorce papers in summer 2015. He could have contested the divorce, he said, but he chose to let the 90 days expire. After 90 days, the divorce was finalized.

As far as child support is concerned, Ms. Freels said she made the decision early on not to pursue support.