Divorce in Mississippi

How to file for divorce in Mississippi

1. Check residency. 6 months of Mississippi residency immediately before filing.
2. Prepare and file the Complaint for Divorce (sometimes called a Bill of Complaint) with the Chancery Court in your county. The filing fee is typically $148 to $160, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must complete a Rule 8.05 Financial Statement disclosing income, expenses, assets, and liabilities.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 60 days from filing for an irreconcilable differences (no-fault) divorce; cannot be waived. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months of Mississippi residency immediately before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: None as a separate requirement, but irreconcilable differences divorce requires mutual consent and cannot be used unilaterally if one spouse objects.

How property is divided

Mississippi uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Mississippi uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: Not described as a uniform statewide requirement in available sources.

Child support: Mississippi uses the percentage of income model, which sets support as a percentage of the paying parent's income, rising with the number of children. Try the child support calculator.

Spousal support

Mississippi has no set alimony formula; courts weigh the 'Armstrong factors' from Armstrong v. Armstrong to award periodic, rehabilitative, or lump-sum alimony.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Mississippi does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: not offered in Mississippi as a separate case.

How long it takes

The minimum is set by the waiting period: 60 days from filing for an irreconcilable differences (no-fault) divorce; cannot be waived. A typical timeline is 2 to 4 months for most uncontested cases. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Mississippi

• Mississippi does not recognize legal separation as a formal court status.
• Child support uses flat percentages of adjusted gross income: 14% for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more.
• An irreconcilable differences divorce cannot proceed if either spouse objects; fault grounds must be used instead in that case.

Some local details vary by county in Mississippi, including parenting course. Check with your county clerk.

Official resources

Official forms and instructions come from Mississippi's courts. Sources we reviewed:

• courts.ms.gov
• law.justia.com
• courts.ms.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.