Everything to Know About Divorce in Mississippi
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
Mississippi divorce law is different from many other states. From strict fault-based rules to long wait times for no-fault cases, the process can be complex. This guide breaks down what you need to know so you can plan your next steps with clarity.
Prerequisites
Residency requirements
To file for divorce in Mississippi:
- You or your spouse must have been a resident of Mississippi for at least 6 months before filing.
- You must file in the county where your spouse lives or where you both lived when separated.
Grounds for divorce: fault vs. no-fault
Mississippi is one of the few states that heavily restrict no-fault divorce.
No-fault divorce
- Both spouses must agree that the marriage is “irretrievably broken.”
- You cannot get a no-fault divorce unless your spouse consents to the filing.
Fault-based divorce
If your spouse won’t agree to a no-fault divorce, getting a divorce can be harder because you must prove one of the following fault grounds:
- Adultery
- Cruel and inhuman treatment
- Willful desertion for 1+ year
- Habitual substance abuse
- Bigamy, impotence, felony conviction, or mental illness
Fault-based divorces often involve more paperwork, evidence, and time in court. Costs can increase drastically, too.
Separation requirement & waiting period
- Separation is not required to file, but many no-fault divorces involve spouses living apart before filing.
- For no-fault divorces, Mississippi has a 60-day waiting period after filing and serving papers.
How to file for divorce in Mississippi
- File a Complaint for Divorce in the chancery court.
- Serve the other spouse using a sheriff or process server.
- Wait for response: The respondent has 30 days to answer.
- Court appearance: Required in most cases, especially if contested or fault-based.
- Final judgment: After the court reviews the case and necessary documents. You will receive a divorce decree if approved.
Divorce costs in Mississippi
Filing fees are usually around $150–$200, depending on the county. Other costs may include:
- Service of process
- Mediation or parenting classes (if children are involved)
- Legal representation
Fee waivers are available for those with financial hardship—ask your local court about a “pauper’s affidavit.”
Property and debt Division
Mississippi uses equitable distribution:
- Marital property (acquired during the marriage) is divided fairly, not necessarily 50/50.
- Separate property (from before marriage or via gift/inheritance) is usually excluded unless commingled.
The court looks at:
- Contributions (financial and non-financial)
- Fault (in fault-based cases)
- Each spouse’s financial situation
Alimony (spousal support)
Alimony is not automatic. The court considers:
- Length of the marriage
- Standard of living
- Health and earning ability of each spouse
- Whether one spouse stayed home or supported the other
Types of alimony in Mississippi:
- Periodic: Monthly or regular payments
- Lump sum: Fixed total amount
- Rehabilitative: Short-term support to help a spouse become self-supporting
There’s no formula—alimony is awarded case-by-case.
Child custody and support
You will be required to take a parenting class if you share minor children. Decisions need to be made around custody, parenting time, and child support in the child’s best interest.
Custody
The court decides custody based on the best interest of the child. Options include:
- Joint custody
- Sole custody with visitation rights
Factors considered:
- Parenting ability
- Home environment
- Health and stability of both parents
- History of abuse or neglect
Support
Mississippi follows income-based guidelines. Basic percentages of income:
Use the Mississippi child support calculator for estimates.
Military divorce in Mississippi
You can file in Mississippi if one spouse meets the 6-month residency requirement. The Servicemembers Civil Relief Act may delay proceedings during active duty.
Legal separation and annulment
- Legal separation is not formally recognized, but couples can file for temporary support or custody without a full divorce.
- Annulment is rare and available only in cases like fraud, bigamy, or incapacity.
E-filing for divorce online
Many counties still do not allow for e-filing of all divorce forms. Check your local court for more information.
After divorce: what happens next
- You may resume your maiden name if requested during the case.
- You’ll file taxes as single if the divorce is finalized by December 31.
- You can request modifications to support or custody later if needed.
- Don’t forget to update beneficiaries, wills, and insurance policies.
Mississippi divorce resources
Mississippi’s divorce process is stricter than in most states—especially if your spouse doesn’t agree to end the marriage. If you’re pursuing a fault-based divorce, you’ll need evidence and legal preparation. But with the right info and support, you can move forward on solid legal ground.
