Marriage & Divorce Laws in Mississippi

Mississippi Finances, Property and Support

Other Important Topics about Divorce in Mississippi 

Important Information About Divorce in Mississippi

What is the waiting period for divorce in Mississippi? 60 days for an irreconcilable difference divorce. Other grounds have no set waiting period, but the other spouse must receive notification at least 30 days prior to trial.

Do you need to be separated before filing for divorce in Mississippi? If so, how long? No.

What type of property distribution does Mississippi follow (e.g., separate or equitable)? Equitable Distribution.

What is the filing fee in Mississippi? It's different for uncontested vs. contested (contested costs a little more). The range is approximately between $148 and $158 (varies by county).

Is a joint petition possible in Mississippi? Yes - for a divorce based on irreconcilable differences.

How do you waive the filing fee in Mississippi? Complete a "Pauper's Affidavit," in which you solemnly swear you are unable to afford it. Link

What are the annulment rules in Mississippi?

• Incurable impotency

• Adjudicated mental illness or incompetence

• Incompetence

• Pregnancy from an outside party

Additional reasons may be found here: Link

Is there a faster way to divorce (e.g., summary dissolution) in Mississippi? No - but filing a joint petition for an uncontested divorce would typically be fastest.

What are the divorcing parties called in Mississippi? Plaintiff/Defendant.

What methods can you use to serve the petition, and can the respondent waive service in Mississippi? Process server or sheriff. Service can also be made by publishing notice in a newspaper. However, this limits the court’s jurisdiction regarding certain issues like child support.

What are the residency requirements for divorce in Mississippi? You or your spouse must reside in Mississippi for at least six months. Military stationed there also counts as residency.

Does it matter who files first in Mississippi? No.

What is the deadline for responding to divorce papers in Mississippi? 30 days. Source

Are the parties required to go to court during divorce proceedings in Mississippi? Sometimes. Temporary orders may require hearings, conferences, or trials. It varies by judge. Source

Are there requirements (classes, etc.) before filing or finalizing divorce in Mississippi? A parenting class may sometimes be mandated by the court.

Is separation required before finalizing divorce in Mississippi? No.

Is Mississippi a no-fault state? Yes, Mississippi allows both no-fault and fault-based divorces.

What are the fault-based grounds for divorce in Mississippi? Desertion, natural impotency, adultery, cruelty, bigamy, incest, custody by MS Department of Corrections, incurable insanity, habitual drunkenness, habitual drug use, pregnancy by another.

Is permanent alimony or spousal support available in Mississippi? Yes. Periodic payments could continue until death or remarriage.

What are the rules for alimony/spousal support in Mississippi? You might receive a lump sum (fixed amount paid all at once or over time) or periodic payments (modifiable, ending upon death or remarriage).

What are the child support rules in Mississippi? Support is based on a percentage of adjusted gross income and number of children. Guidelines. Support typically ends at age 21 or earlier upon certain life events.

What are the military divorce rules in Mississippi? You can file for divorce if stationed in Mississippi.

Is there an official spousal support calculator in Mississippi? If yes, provide a link. No official calculator. Judges consider factors such as income, health, length of marriage, and needs.

Is there an official child support calculator in Mississippi? If yes, provide a link. No calculator, but guidelines exist. Judges may adjust amounts based on circumstances.

When can you file taxes as a single person in Mississippi? If you are divorced or legally separated by the last day of the tax year.

Can parties legally separate in Mississippi? If so, how? No.

Where do you file for divorce in Mississippi? Chancery court in the county of residency or defendant’s residence. Plaintiff must have 6 months residency in Mississippi.

What are the rules for filing in Mississippi? File in the county where defendant resides or plaintiff resides (if defendant is a non-resident). Plaintiff must have 6 months residency.

What are the primary divorce documents called in Mississippi? Petition, Divorce Certificate, Divorce Decree, Divorce Cover Sheet (Link), 8.05 Financial Statement.

Can you change your name during the divorce process in Mississippi? If so, how? Yes, through the divorce decree.

Can you finalize your divorce while pregnant in Mississippi? Not usually.

What are the rules for finalizing divorce after pregnancy in Mississippi? Courts typically postpone until after birth to resolve child support. Pregnancy by another is grounds for divorce.

Does Mississippi recognize or provide divorce for domestic partnerships? Mississippi does not recognize domestic partnerships.

Are financial disclosures required in Mississippi? Yes, unless excused for good cause. Form

Is there free legal help for divorce in Mississippi? Yes, for low-income individuals through clinics and pro bono resources. Info

Does Mississippi recognize common law marriage? Only if established before 1956. Source

Is e-filing available in Mississippi? Maybe, availability varies.

Are you required to appear in court during the divorce process in Mississippi? Generally no. For uncontested divorces, a judge reviews documents without a hearing after a 60-day waiting period.

Sources:

https://courts.ms.gov

https://www.msbar.org