Skip to main content
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Mississippi Divorce Laws

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.

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.

If you still have questions, contacting an experienced Mississippi divorce attorney is a good idea. They'll help you navigate the family courts and ensure that the judge treats you fairly during the divorce proceedings.

Legal Requirements for a Mississippi Divorce

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

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

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.

You should also know that Mississippi offers alternatives to divorce, including annulment. While Mississippi doesn't recognize legal separation, the courts will issue a maintenance order if you and your spouse separate.

No-Fault Divorce Laws and Fault-Based Divorce

All states, including Mississippi, allow for no-fault divorce. 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," and further attempts to preserve the marriage would be futile.

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.

Mississippi law recognizes the following fault-based grounds for divorce:

  • Adultery
  • Inhuman treatment, domestic abuse, or domestic violence
  • Willful desertion
  • Habitual drunkenness
  • Impotence
  • Incurable insanity/incurable mental illness
  • Pregnant by another person (since the time of the marriage)
  • Conviction of a felony and sentenced to the penitentiary
  • Consanguinity (inbreeding)

Most people don't bother citing specific grounds for divorce. They file an irreconcilable differences divorce. If you allege any of the above, you must submit an affidavit backing up your claims.

Uncontested Divorce vs Contested Divorce in Mississippi

There are two types of divorce in Mississippi. The first is an uncontested divorce. With an uncontested divorce, the married couple agrees that a divorce is for the best. They also agree to the material terms of the divorce.

In a contested divorce, the parties disagree about things like the division of marital property, custody of their minor children, and child support. Your family law attorney will ideally negotiate a settlement agreement with your spouse's lawyer. If they can't do this, there will be a trial, and the judge will decide on these issues for you.

Division of Property in a Mississippi Divorce

Mississippi is an equitable distribution state. The courts in Mississippi don't divide marital property 50/50. Instead, they divide it in a manner they see as fair and equitable. This is why you and your spouse should agree on property division, if possible. Once it's in the judge's hands, you'll have no say in how they divide your debts and assets.

Child Custody and Child Support

If the parties can't agree on a child custody agreement, the judge will determine what's best for the children. The courts default to joint legal custody in most cases. Unless one party was abusive to the other, there is little reason to deny either party joint custody with visitation.

The courts follow the state child support guidelines for child support. The guidelines consider income and expenses, as well as the number and ages of the minor children.

Mississippi Divorce Laws at a Glance

As discussed above, Mississippi has a residency requirement and a 60-day waiting period for uncontested divorces. The courts don't specify a waiting period if you file a fault-based divorce. But your spouse has 30 days to file their answer, so it will take several months to finalize your divorce.

There are other divorce laws in Mississippi that you should get to know before filing your divorce papers. Mississippi's divorce statutes are in the table below.

Code section

§ 93-5-1 et seq. of the Mississippi Code

Residency requirements

Six months

Waiting period

60 days

No-fault grounds for divorce

Irreconcilable differences (if the parties file jointly or file a complaint where the defendant has been personally served or has waived their appearance)

Defenses to a divorce filing

Collusion (adultery)

Other grounds for divorce

Adultery; extreme cruelty or domestic violence; willful desertion; drug/alcohol addiction; impotency; incurable insanity; pregnant at the time of marriage (and the child is not the husband's); conviction of a felony; prior marriage undissolved; consanguinity

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Note: State laws are always subject to change through the passage of new legislation, higher court rulings in the higher courts, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct research to verify your state's laws.

Getting Divorced in Mississippi? Get Professional Legal Help Today

Divorce is difficult for just about everyone involved. It can be emotionally draining and painful. A Mississippi divorce attorney can help you navigate the divorce process and protect your best interests. They'll also ensure your spouse's divorce lawyer doesn't take advantage of you. Get started today by reaching out to an experienced Mississippi divorce lawyer.

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select

Can I Solve This on My Own or Do I Need an Attorney?

  • Divorces are tough and a lawyer can seek the best outcome
  • A lawyer can help protect your children's interests
  • Divorce lawyers can secure alimony, visitation rights, and property division

Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.

 

 If you need an attorney, find one right now.

Copied to clipboard

Find a Lawyer

More Options