Mississippi Divorce: What You Need to Know

Divorce is the legal process of ending a marriage between two parties in Mississippi. Divorce cases are handled by the Chancery Court in the county where either spouse resides. Other issues about how divorce operates in Mississippi include residency requirements, waiting times, different types of divorce, the court procedures, filing details at the county level, and how to look up divorce records.

How Does Divorce Work in Mississippi?

Before you can file for divorce in Mississippi, you have to meet certain residency rules. At least one of the spouses needs to have lived in the state for six months before filing. The divorce complaint can be filed with the Chancery Court in the county where either spouse lives.

Mississippi allows both no-fault and fault-based divorce. The no-fault divorce is based on “irreconcilable differences.” In this type of divorce, both spouses have to agree on the decision to end the marriage. If one spouse disagrees, the one who wants the divorce has to go for a fault-based option.

The grounds for a fault-based divorce in Mississippi include things like adultery, desertion, habitual drunkenness or drug use, cruelty, insanity, impotence, bigamy, and being convicted of a felony. To prove fault, you need evidence, and this can really impact how property is divided, alimony is decided, or custody arrangements are made.

There is a waiting period of 60 days before a no-fault divorce can be finalized. On the other hand, contested fault-based divorces can take a lot longer because they require hearings, mediation, and possibly a trial.

Types of Divorce in Mississippi

Mississippi law provides for several types of divorce:

• Uncontested divorce: Uncontested divorce means that the couple agrees on property division, custody, and support. These cases are less expensive and they are resolved quickly.
• Contested divorce: A contested divorce is when the couple do not agree on issues related to the divorce. This type of divorce requires multiple hearings or trials. They take longer and are more complex.
• No-fault divorce: This is when both parties ask for divorce alleging irreconcilable differences between them.
• Fault-based divorce: This is when one spouse files for divorce alleging that one party is responsible for the breakdown of the marriage. Grounds for fault-based divorce can include adultery, cruelty, or substance abuse.
• Collaborative divorce: Collaborative divorce is when couples and their attorneys negotiate agreements to end their marriage outside of court. This is usually done to avoid a trial.
• Legal separation (separate maintenance): Mississippi does not have formal legal separation. However, courts may order maintenance support while the couple lives apart.

Mississippi Divorce Court Process and Forms

Divorces are filed in the Chancery Court of the county where either spouse resides. The process begins when one spouse files a Complaint for Divorce.

Other required documents may include:

• Summons
• Financial Statement
• Child Support Worksheet (if children are involved)
• Marital Settlement Agreement (for uncontested cases)

Once a complaint is filed, the other spouse (defendant) must be served with the complaint and summons. This service can be done by a sheriff, a process server, or through certified mail. The defendant has a period of 30 days to reply.

Both spouses are required to share their financial information to guarantee a fair distribution of property and to figure out support. If there are children involved, the court might ask the parents to take part in a Parenting Education Program. Judges may order mediation in custody disputes. If mediation fails, the case proceeds to trial, where the judge makes final rulings.

The divorce is considered complete when the judge signs a Final Judgment of Divorce, which officially concludes the marriage and establishes orders regarding custody, child support, property division, and alimony.

City- and County-Level Filing Details

Divorces in Mississippi are filed at the county level in the Chancery Courts. Here are details for some of the largest counties:

• Hinds County (Jackson):
  • Courthouse: Hinds County Chancery Court. 316 S. President Street, Jackson, MS 39201.
  • Services: Hinds County Chancery County Clerk provides forms and instructions to parties seeking to terminate their marriage. The court also recommends mediation in custody cases.
• Harrison County (Gulfport/Biloxi):
  • Courthouse: Harrison County Chancery Court, 1801 23rd Avenue, Gulfport, MS 39501.
  • Services: Harrison County Chancery Court provides physical forms at the clerk’s office. The court also recommended parenting classes.
• DeSoto County (Hernando):
  • Courthouse: DeSoto County Chancery Court. 2535 Highway 51 S., Hernando, MS 38632.
  • Services: DeSoto County Chancery Court provides self-help forms to anyone interested in filing a divorce.
• Rankin County (Brandon):
  • Courthouse: Rankin County Chancery Court. 211 E. Government Street, Brandon, MS 39042.
  • Services: The court clerk provides filing assistance.
• Madison County (Canton):
  • Courthouse: Madison County Chancery Court. 128 W. North Street, Canton, MS 39046.
  • Services: Madison County Chancery Court provides guidance and access to forms for free. The court also provides mediation services for family disputes.

Although local court clerks offer forms and instructions for filing, the procedures can differ a bit from one county to another.

How to Search for Divorce Records in Mississippi

Divorce records in Mississippi are public information. However, access to confidential information such as Social Security numbers, financial accounts, and minor children’s information is restricted. Records are maintained by the Chancery Court Clerk in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce judgments and case files are available from the clerk’s office for a fee.
• Online: Mississippi does not currently have a statewide divorce record portal, though some counties provide online docket searches.
• Vital Records: The Mississippi State Department of Health, Vital Records Office provides divorce certificates (not full decrees) for divorces since January 1926. These include the names of spouses, date, and county of divorce.
• Third-party services: Private record search websites may provide information, but only the court or Vital Records can issue certified documents.

Divorce records can include the names of both spouses, the date and county of divorce, the case number, and the judge’s orders on custody, property division, support, and alimony. The Final Judgment of Divorce is the official document proving the marriage has ended.

Key Points

• Divorce in Mississippi is filed in the Chancery Court of the county where either spouse resides.
• One spouse must live in the state for six months before filing.
• Mississippi recognizes both no-fault and fault-based divorces, but no-fault requires both spouses’ agreement.
• A 60-day waiting period applies before a no-fault divorce can be finalized.
• Parents may be required to attend parenting education programs in contested divorce. Mediation is also common in custody cases.
• Divorce records are public and available from Chancery Court clerks. However, divorce certificates are issued by the state Vital Records Office.