How to File for Divorce in Mississippi

Complete guide to Mississippi divorce process, forms, and requirements for 2025
60-Day Waiting Period
$150 Filing Fee
6-Month Residency

Steps to File for Divorce in Mississippi

1

Meet Residency Requirements

One spouse must have been a Mississippi resident for at least 6 months before filing.
2

Choose Grounds for Divorce

Mississippi allows no-fault (irreconcilable differences - both must agree) and 12 fault-based grounds.
3

File the Complaint

File a Complaint for Divorce with the Chancery Court in the county where you or your spouse resides.
4

Serve Your Spouse

Your spouse must be served with process. They have 30 days to respond.
5

Complete Disclosures

Exchange financial information as required. Mississippi has mandatory disclosure rules.
6

Finalize After 60-Day Wait

After the 60-day waiting period (irreconcilable differences) and resolution of issues, attend final hearing.

Mississippi Divorce Requirements

Residency Requirement

6 Months
One spouse must have been a Mississippi resident for at least 6 months.

Waiting Period

60 Days
60-day waiting period for irreconcilable differences divorces.

Filing Fees

$150+
Filing fee is approximately $150. Additional fees may apply.

Required Mississippi Divorce Forms

Complaint for Divorce
Primary form to initiate divorce
Summons
Notice to respondent spouse
Financial Declaration
Income and asset disclosure
Rule 8.05 Disclosures
Mandatory financial exchange
Final Judgment of Divorce
Final divorce decree

Filing Options in Mississippi

In-Person Filing

  • File at Chancery Court Clerk
  • County courthouse
  • Bring original and copies
  • Pay fee at filing
  • Get file-stamped copies

E-Filing

  • MEC (MS Electronic Courts)
  • Available in most counties
  • Electronic fee payment
  • Track case online
  • Receive notifications

Types of Divorce in Mississippi

Irreconcilable Differences

  • Both spouses must agree
  • 60-day waiting period
  • Submit property settlement agreement
  • No need to prove fault
  • Fastest for agreed cases
  • Lower costs

Fault-Based Divorce

  • One spouse files against other
  • Must prove grounds (adultery, cruelty, etc.)
  • No mutual consent needed
  • Takes longer
  • More expensive
  • Trial may be required

Important Things to Know

Mississippi requires both spouses to agree to file for no-fault divorce on irreconcilable differences. If one spouse refuses, the other must file on fault grounds. The state follows equitable distribution for property division.

Mississippi-Specific Considerations

  • Mississippi is an equitable distribution state
  • 60-day wait for irreconcilable differences
  • Both spouses must agree for no-fault
  • 12 fault-based grounds available
  • Chancery Court has jurisdiction

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