How to Get a No-Fault Divorce in Mississippi: State Requirements and Documents

Do you want to know how to file for divorce in Mississippi?

Mississippi allows for both fault and no-fault divorce. “Irreconcilable differences” is the no-fault basis.

Requirements for Residency

To petition for divorce in Mississippi, the couple must have resided in the state for at least 6 months previous to filing. If one of the spouses is a Mississippi resident but is stationed in the military services, he or she is still considered a resident.

Complete your Forms

To commence the divorce process in Mississippi, one spouse must file a Bill of Complaint for Divorce with the Clerk of the County Chancery Court in either their own or their spouse’s county. This document describes the couple, their assets, what the filing spouse wants from the divorce, and any other basic information about the marriage. Once the complaint is filed, it is the filing spouse’s (now termed the complainant) responsibility to serve the complaint and any other required paperwork on his or her spouse (now called the defendant).

Following receipt of the first divorce documents, the defendant must submit the relevant forms stating that he/she received service and whether or not he/she contests. If the defendant does not fight the ruling, the divorce will be granted shortly. If the couple cannot agree on the conditions of their divorce, their case must be heard within 60 days. Once in court, the judge determines the most equitable (fair, not equal) division of property, debts, child custody, and any other challenged divorce conditions.

A Word on Forms

Because process differs by county, you will need to visit the Clerk of the County Chancery Court to get all of the paperwork required to finalize your divorce.

If you and your spouse have agreed on the terms of your divorce, you should utilize Generis global simple interview procedure to create a Divorce Settlement Agreement, which may be submitted with your other divorce forms. Preparing the paper now, while both parties understand the agreement, can help prevent issues later.