The Mississippi Court of Appeals ruled in favor of Lisa Bartunek in her divorce from Kirk Bartunek, affirming the lower court's decision based on the grounds of constructive desertion. This ruling affects the couple's long-term marriage of 43 years and highlights significant issues regarding marital relations and domestic disputes.
The case, Kirk O. Bartunek v. Lisa P. Bartunek, was filed under docket number 2025-CA-00353-COA. The court's decision was made on September 29, 2026, following a trial that began in 2022. The ruling is significant as it addresses the grounds for divorce in Mississippi, particularly the concept of constructive desertion, which is based on one spouse's refusal to engage in sexual relations.
Lisa Bartunek initiated the divorce proceedings after 43 years of marriage, citing her husband's long-standing refusal to have sexual relations as the basis for her claim. Kirk Bartunek countered with his own claim for divorce, also citing constructive desertion. The case was heard in the Rankin County Chancery Court, presided over by Judge Troy Farrell Odom.
The couple married in 1980 and had three children, all of whom were adults at the time of the divorce. The Bartuneks lived in Colorado for much of their marriage, but Lisa moved back to Mississippi in 2020 to be closer to family. Despite attempts to reconcile their relationship, Lisa testified that Kirk's refusal to engage in sexual relations began in 1997 and continued until their separation. She described a painful emotional toll from years of rejection, stating, "I was always the one that had to initiate it. Always. And I was rejected time after time after time for years and years."
Lisa's testimony was supported by her sister, who confirmed Lisa's struggles with self-esteem and the lengths she went to in an attempt to rekindle their intimacy. Kirk, on the other hand, acknowledged his past infidelity but characterized the cessation of sexual relations as a mutual decision.
The chancellor ultimately granted Lisa a divorce on the grounds of constructive desertion, stating, "The court finds credible Lisa’s testimony that she struggled mightily to resume marital relations with her husband but that he refused." The court emphasized that Kirk's refusal was not mutual but rather a one-sided decision that had persisted for over a decade.
The court's ruling is significant as it reinforces the legal precedent surrounding constructive desertion in Mississippi. The chancellor noted that "inexcusable long-continued refusal of sexual relations warrants divorce," aligning with previous case law that supports such findings in extreme circumstances.
Going forward, this ruling sets a precedent for similar cases involving long-term marital disputes and the grounds for divorce based on sexual relations. It highlights the importance of emotional well-being in marriage and validates the experiences of individuals who face prolonged rejection in intimate relationships.
As for what’s next, Kirk Bartunek has the option to appeal the ruling, although the court did not find merit in his previous motion for the chancellor to recuse himself. The court's decision to uphold the divorce indicates a strong stance on the issue of constructive desertion, which may influence future cases in Mississippi's domestic relations law.