Divorces in Mississippi are filed in Chancery Court. Mississippi uses equitable distribution to divide marital assets and debts fairly, not automatically 50/50. Many couples proceed by irreconcilable differences if they can cooperate; otherwise, Mississippi’s fault grounds are available.
At least one spouse must have lived in Mississippi for six months immediately before filing. File in the Chancery Court for the county where the defendant resides, the county where the spouses last lived together, or, if the defendant is a non-resident, the plaintiff’s county. There is no separation requirement to start a case, but irreconcilable differences divorces have a built-in waiting period before the court can grant a judgment.
Step 1: Decide your path and prepare forms. If you agree on property, debts, and (if applicable) parenting, plan an irreconcilable differences filing with a proposed settlement. Otherwise, file on fault grounds. Prepare the Complaint for Divorce, Summons, and financial disclosures. With children, add a parenting plan and any locally required parent education.
Step 2: File with the clerk. File your paperwork with the Chancery Clerk. Pay the filing fee or request an in forma pauperis waiver if payment is a hardship. You’ll receive a cause number and file-stamped copies.
Step 3: Serve your spouse. Use sheriff or process server, certified mail where authorized, or a signed acknowledgment/waiver of service if your spouse cooperates. If you cannot locate your spouse after diligent search, request publication or other alternate service.
Step 4: Mind deadlines and waiting periods. A defendant typically has 30 days after service to file an Answer. For irreconcilable differences, Mississippi requires at least 60 days from filing before the court may enter a divorce; fault-based cases do not use that waiting period. Exchange complete financial information early to keep the case moving.
Step 5: Settle or set a hearing. If you settle, submit a signed Marital Settlement Agreement, child-related orders if applicable, and a proposed Final Judgment for the Chancellor’s review. If any issues remain, the court may set conferences, mediation, and hearings.
Step 6: Final judgment. The court issues a Final Judgment of Divorce that covers property/debt division, alimony if any, legal/physical custody and parenting time, child support, and any name change. Obtain certified copies for records, benefits, and accounts.
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Do both spouses have to agree for a no-fault divorce in Mississippi?
Usually yes. Irreconcilable differences divorces generally require cooperation or consent to proceed without proving fault.
Which court handles divorce in Mississippi?
Chancery Court in the proper county based on residency and where the spouses last lived together.
How long does a Mississippi divorce take?
Timing depends on service, disclosures, settlement, and court calendars. Irreconcilable differences filings have a 60-day wait from filing; fault cases can proceed on the court’s schedule once service and pleadings are complete.