{"id":374383,"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-legal-requirements-for-divorce.html"},"modified":"2024-09-15T14:25:52","modified_gmt":"2024-09-15T19:25:52","slug":"mississippi-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-legal-requirements-for-divorce.html","title":{"rendered":"Mississippi Divorce Laws"},"content":{"rendered":"\n
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Mississippi Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/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

Getting a divorce can be overwhelming. The Mississippi divorce process is more complex than most people think. If you’re considering divorce, you should review these laws before filing your papers.<\/p>\r\n

Here, we’ll discuss the legal requirements for divorce in Mississippi. We will also explain how the Mississippi courts handle such issues as child custody, child support, and property division.<\/p>\r\n

If you still have questions, contacting an experienced Mississippi divorce attorney<\/a> is a good idea. They’ll help you navigate the family courts and ensure that the judge treats you fairly during the divorce proceedings.<\/p>\r\n

Legal Requirements for a Mississippi Divorce<\/h2>\r\n

While all states have regulations on marriage, they also have regulations that apply if a marriage ends. A state’s legal requirements for divorce<\/a> determine the divorce process<\/a>. It would help to familiarize yourself with these requirements before filing your divorce complaint.<\/p>\r\n

The Mississippi Chancery Courts impose a residency requirement<\/a> for divorce. According to Mississippi Code Section 93-5-5<\/a>, you must live in the state for at least six months before filing your complaint for divorce.<\/p>\r\n

Mississippi also has a mandatory waiting period. The judge can’t finalize your divorce case for at least 60 days after you file your divorce papers.<\/p>\r\n

You should also know that Mississippi offers alternatives to divorce, including annulment<\/a>. While Mississippi doesn’t recognize legal separation<\/a>, the courts will issue a maintenance order if you and your spouse separate.<\/p>\r\n

No-Fault Divorce Laws and Fault-Based Divorce<\/b><\/h2>\r\n

All states, including Mississippi, allow for no-fault divorce<\/a>. With a no-fault divorce, the petitioner doesn’t have to allege or prove any specific wrongdoing on the part of their spouse. You only have to demonstrate to the court that you and your spouse have "irreconcilable differences<\/a>," and further attempts to preserve the marriage would be futile.<\/p>\r\n

Mississippi is one of the few states still recognizing traditional divorce grounds. If you so choose, you can cite specific behavior on the part of your spouse as the basis for your divorce.<\/p>\r\n

Mississippi law recognizes the following fault-based grounds<\/a> for divorce:<\/p>\r\n