{"id":374362,"date":"2016-03-31T21:35:46","date_gmt":"2016-04-01T02:35:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/mississippi-law\/mississippi-divorce-q-and-a.html"},"modified":"2024-02-28T13:50:24","modified_gmt":"2024-02-28T18:50:24","slug":"mississippi-divorce-q-and-a","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-divorce-q-and-a.html","title":{"rendered":"Mississippi Divorce FAQ"},"content":{"rendered":"\n
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Mississippi Divorce FAQ<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Deciding that you want to file for divorce is one of the hardest things you\u2019ll ever do. You must understand Mississippi divorce laws<\/a> before you begin the divorce process. If you\u2019ve ever had to deal with the family courts in Mississippi, you know they can be challenging to navigate.<\/p>\r\n

Here, we\u2019ll answer some of the questions you may have for your Mississippi divorce lawyer. We\u2019ll also discuss how the divorce process<\/a> works in Mississippi.<\/p>\r\n

How do I qualify for divorce in Mississippi?<\/h3>\r\n

Any married couple can file for divorce in Mississippi<\/a>. If one spouse has lived in-state for at least six months, the court will accept their divorce petition. This is because Mississippi state law requires that the parties meet a residency requirement<\/a>.<\/p>\r\n

The filing spouse must also choose between a no-fault divorce and a fault-based divorce. If they file a fault-based divorce<\/a>, they must cite a ground for divorce in their complaint.<\/p>\r\n

As with any other type of court action, you must also pay the requisite filing fees. It costs $148 to file for a no-fault divorce and $158 for a fault-based divorce. Filing fees are subject to change, so be sure to check with the clerk’s office of the county where you are filing to get the most up-to-date fees.<\/p>\r\n

Is there a mandatory waiting period in Mississippi?<\/h3>\r\n

There is a 60-day waiting period<\/a> in Mississippi. After filing for a no-fault divorce based on irreconcilable differences, the court may not take any action for 60 days. During that time, you may submit an agreement if you have resolved the issues.<\/p>\r\n

After 60 days, the court will review your settlement agreement. If the judge determines that your agreement is adequate, they\u2019ll include it in the final divorce judgment.<\/p>\r\n

If you have not resolved property and other issues, the court will schedule a hearing after the 60 days have passed. Both parties are required to agree on what issues the court will be asked to resolve.<\/p>\r\n

If you file a fault-based divorce, there is no mandatory waiting period<\/a>. Your spouse has 30 days in which to file a response to your petition. After that period of time has passed, hearings may be scheduled for the court to determine if the fault grounds have been proven and to make other orders resolving property, custody, and support issues. The responding spouse must have 30 days advance notice of a hearing.<\/p>\r\n

Can I get a no-fault divorce in Mississippi?<\/h3>\r\n

In Mississippi, there are two types of divorce. The first approach is an uncontested divorce, also referred to as a no-fault divorce. Mississippi law defines a no-fault divorce as one where the spouses have "irreconcilable differences.\u201d<\/p>\r\n

This type of divorce is available to spouses who agree to divorce based on this basis. They do not have to agree on all terms of their divorce but they do have to agree to ask the court to rule on any contested issues such as custody, support, or property division.<\/p>\r\n

If child custody<\/a>, visitation rights, and support<\/a> are not agreed to, the court will consider relevant evidence and apply the child support guidelines to determine the amount of support. Ultimately, the best interests of the child must guide the court’s decision.<\/p>\r\n

Where do I file for a divorce based on irreconcilable differences?<\/h3>\r\n

You can file a complaint for divorce in the Chancery court of the county<\/a> in which either you or your spouse resides if you both are residents of the state. If the other party is not a resident of the state, you will file in the county in which you live.<\/p>\r\n

How do I get a fault-based divorce?<\/h3>\r\n

The second type of divorce in Mississippi is a fault-based divorce or contested divorce. In this type of case, the party filing for divorce must cite a reason for the divorce.<\/p>\r\n

In Mississippi, there are twelve grounds for divorce<\/a>:<\/p>\r\n