By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last updated January 10, 2023
While all states have regulations on marriage, they also have regulations that apply if a marriage comes to an end. A state's legal requirements for divorce set out the process by which a person can get a divorce.
Here is a brief overview of the legal requirements for divorce in Mississippi.
Like many states, Mississippi has a residency requirement to file for divorce; in this state it's six months, but there's no waiting period before a divorce can be declared final. Along with “irreconcilable differences," the legal grounds for divorce in Mississippi include adultery, cruelty, incurable insanity, and willful desertion.
Mississippi's divorce statutes are listed in the table below.
Code Section |
§ 93-5-1 et seq. of the Mississippi Code |
|---|---|
Residency Requirements |
One party actual, bona fide resident for 6 months before the suit |
Waiting Period |
Court, in uncontested on irreconcilable difference, cannot have hearing until 60 days after being filed |
'No-Fault' Grounds for Divorce |
Irreconcilable differences (if they file jointly or file a complaint where the defendant has been personally served with process or where the defendant has entered an appearance by written waiver of process) |
Defenses to a Divorce Filing |
Recrimination is not an absolute bar; collusion (adultery) |
Other Grounds for Divorce |
Adultery; cruelty or violence; willful desertion; drug/alcohol addiction; natural impotency; incurable insanity; pregnant at the time of marriage (only if the child is not the husband's and the husband didn't know about it before marriage); conviction of a crime; prior marriage undissolved; in line of 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.
All states, including Mississippi, allow “no-fault" divorce. Under this law, you don't have to allege or prove any specific wrongdoing on the part of your spouse in order to get a divorce. 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.
There are some alternatives to divorce, including annulment and legal separation, and each has separate requirements that only apply to specific circumstances. Also, if you and your soon-to-be ex have any shared minor children, Mississippi child custody laws may apply to your divorce, so you should be familiar with those laws as well as any state child support guidelines and child support enforcement regulations.
Divorce is difficult for just about everyone involved, both emotionally and from a legal standpoint. A divorce attorney can help you navigate the intricacies of the legal system and courts while making sure your best interests are protected.
Get started today by reaching out to an experienced Mississippi divorce lawyer.
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