Ready to start your divorce? Use our step-by-step guide to prepare your Mississippi divorce papers today.
Get your divorce papersWhat Divorce Papers needs to be valid in Mississippi
- You or your spouse must have lived in Mississippi for at least 6 months before filing.
- You must have a legal ground for divorce, such as irreconcilable differences, adultery, or habitual cruel treatment.
- For an uncontested divorce based on irreconcilable differences, you must have a written settlement agreement covering property division, alimony, and child custody/support if applicable.
- You must complete the required forms, including the Complaint for Divorce, the Summons, and the Vital Statistics form.
- If you have minor children, you must attend a court-approved parenting class.
- You must provide proof of residency and other required supporting documents as directed by your chancery court.
How to set up a Divorce Papers in Mississippi
- Determine if you meet Mississippi's residency requirement (6 months in the state).
- Obtain the correct divorce forms for your county's chancery court, or use an online service to prepare them.
- Fill out the complaint, listing your grounds for divorce and your settlement agreement if uncontested.
- Sign the forms in front of a notary public, as Mississippi requires notarization for many divorce documents.
- File the papers with the Chancery Clerk in the county where you or your spouse resides, and pay the filing fee.
- Arrange for service of process on your spouse (or file a waiver if they agree), then await the court's final hearing or decree.
How much it costs
The filing fee for divorce in Mississippi typically ranges from $150 to $200, depending on the county. Additional costs may include notary fees, service of process fees, and attorney fees if you hire one. If you cannot afford the fee, you may apply for a fee waiver.
Before You Begin: Mississippi Divorce Papers Checklist
Prepare thoroughly before filing for divorce in Mississippi to avoid delays. This checklist covers key items and decisions to have ready.
- Confirm you meet Mississippi's residency requirement: you or your spouse must have lived in the state for at least 6 months before filing.
- Gather financial documents: tax returns, pay stubs, bank statements, retirement accounts, debts, and a detailed list of property.
- Decide on grounds for divorce: Mississippi allows both fault and no-fault grounds (e.g., irreconcilable differences for uncontested divorces).
- Determine if you need a notary: Mississippi requires notarized signatures on the complaint and other forms; arrange a notary before filing.
- Check your county chancery clerk's website for local filing fees and required forms, as procedures can vary by county.
- Bring a valid photo ID and copies of any prior court orders (e.g., temporary orders) to the filing office.
Questions people ask
Can I file for divorce in Mississippi without a lawyer?
Yes, you can file for divorce on your own (pro se) if you and your spouse agree on the terms. Many counties offer self-help packets, and you must ensure your forms are properly completed and notarized.
How long does an uncontested divorce take in Mississippi?
An uncontested divorce can be finalized in about 60-90 days after filing, depending on court scheduling and whether the other spouse responds. The state has a 60-day waiting period from the date of filing to the final hearing.
Does Mississippi require notarization for divorce papers?
Yes, most divorce forms, including the complaint and settlement agreement, must be signed in front of a notary public. This is a common requirement for divorce papers in Mississippi.
What are the grounds for divorce in Mississippi?
Mississippi allows both fault and no-fault grounds. The most common no-fault ground is irreconcilable differences, which requires a signed settlement agreement. Fault grounds include adultery, desertion, cruel treatment, and habitual drunkenness.