Mississippi Divorce Guide

What you need to know to file for an uncontested divorce in Mississippi.

Step-by-step: filing in Mississippi

1. 1

   Meet the Mississippi residency requirement

   You or your spouse must have lived in Mississippi for at least 6 months before filing. Some counties may require you to file in the county where you reside.

2. 2

   Reach agreement on all terms

   For an uncontested divorce, you and your spouse must agree on how to divide property and debts, any spousal support, and — if you have children — custody and child support arrangements. Getting this in writing before filing will speed up the process significantly.

3. 3

   Gather financial documents

   Collect recent pay stubs, bank and investment account statements, mortgage or lease documents, retirement account statements, vehicle titles, and any business ownership records. You will likely be required to file a financial disclosure.

4. 4

   Complete the divorce petition and required forms

   Download the Mississippi divorce petition (and summons) from your county court website. Fill out all required forms accurately. If you have a settlement agreement, prepare that document as well.

5. 5

   File with the Mississippi court clerk

   Take your completed forms to the county clerk's office and pay the $85 filing fee (approximately — fees vary by county). Keep copies of everything stamped by the clerk.

6. 6

   Serve your spouse

   Your spouse must be formally served with the divorce papers. Options typically include sheriff service, a process server, or — if your spouse signs an Acceptance of Service — you may avoid formal service. Your spouse then has a set number of days to respond.

7. 7

   Wait out the 60-day mandatory period

   Mississippi requires a 60-day waiting period after filing (or after service) before the divorce can be finalized. Use this time to confirm your settlement agreement is complete and both parties have reviewed all documents.

8. 8

   Attend the final hearing (or submit by default)

   In uncontested cases, the final hearing is often brief — sometimes just a few minutes. A judge reviews your agreement and issues the final decree of divorce. Some counties allow a default judgment by written declaration, skipping the hearing entirely for uncontested cases. Once signed, your divorce is final.

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