How to File for Divorce in Mississippi? Step-by-Step Guide

Filing for divorce is already stressful enough, but not knowing what steps to take to file for divorce can make the situation even more overwhelming. If you’re considering ending your marriage in Mississippi, you need to know your rights and responsibilities. Explore the steps on how to file for divorce in Mississippi.

Mississippi Divorce Laws

Mississippi has a divorce rate of three per 1,000 individuals. That ends up being about a 60.8% divorce rate. Before pursuing a divorce in Mississippi, it’s important to know the state laws. Mississippi is one of the few states that allows both fault-based divorce and no-fault divorce. This gives spouses options based on their unique circumstances.

Some grounds for divorce may include:

• Irreconcilable differences
• Adultery
• Habitual, cruel, or inhuman treatment
• Desertion
• Substance abuse
• Incarceration
• Bigamy
• Mental illness, under certain conditions

Infidelity and lack of commitment are reported as one of the top causes of divorce in the country, according to the National Library of Medicine.

One or both spouses must have lived in Mississippi for at least six months before filing. If you’re in the military and stationed in the state, that qualifies as residency.

Step 1: Hire a Divorce Lawyer

While it’s legally possible to file for divorce on your own, divorce law can be complicated, especially if children are involved. Alimony and fault-based claims can also be tough to navigate on your own.

Step 2: File the Divorce Complaint

Once you’ve decided on the grounds for divorce and have considered legal representation, you can file a complaint for divorce. This document outlines:

• Your personal information
• Your spouse’s information
• The grounds for divorce
• Requests for custody, support, alimony, and the division of assets

You’ll file this complaint with the Chancery Court in the county where you or your spouse resides. For example, Jackson County residents would file at the Jackson County Chancery Court at 3104 Magnolia Street in Pascagoula. Your divorce attorney can guide you on the specific location where you need to file if you’re unsure.

Step 3: Serve Your Spouse

After filing the complaint, you must serve your spouse with the divorce papers. You can do this through a personal service by a sheriff’s deputy or process server, certified mail with return receipt, or publication, which is used when the spouse can’t be located.

If your spouse fails to respond to the divorce petition, the court may issue a default judgment.

Step 4: Disclose Financial Information

Mississippi divorce cases require a full financial disclosure from both parties.

This requires providing:

• Tax returns
• Bank statements
• Pay stubs
• Real estate documents
• Debts and liabilities

Financial transparency is essential for fair property division, alimony decisions, and child support. A divorce lawyer can help you gather and organize this information so that it’s presented correctly.

Step 5: Temporary Hearings and Mediation of Divorce Terms

In contested divorces, you may need a temporary court hearing for child support, child custody, and visitation schedules, and spousal support. You may also need this to determine who gets to stay in the marital home. These hearings occur early in the process to maintain stability through the divorce process.

If you or your spouse can’t agree on major issues, mediation may be ordered by the court. Mississippi encourages mediation to resolve disputes without trial. Mediators help both parties come to a fair agreement. If resolution still isn’t possible, the case moves to trial.

Step 6: Final Hearing or Trial

If the divorce is uncontested, you should be able to finalize your divorce without a lengthy court process. However, if it’s contested, you may need to go to trial, where a judge listens to your testimonies and evidence before issuing the final decree of divorce.

Once all issues are resolved, either through agreement or trial, the judge issues a final decree of divorce. A final decree of divorce includes:

• Legal termination of the marriage
• Child custody and support orders
• Spousal support
• Division of marital assets and debts

Why You Should Choose Taylor & Cox Law Firm

Taylor & Cox Law Firm holds extensive experience in handling complex divorce cases with skill and compassion. We’re known for our trustworthiness and commitment to clients. Our team provides personalized guidance to protect your rights and fight for a fair and favorable outcome to your divorce case.

FAQs

How Much Does It Cost to File for a Divorce in Mississippi?

The filing fee for a divorce in Mississippi varies by county. This fee covers the cost of opening the case in court. Additional expenses may include service of process fees to notify your spouse, document preparation, and potential attorney fees if you hire legal counsel. If the divorce is contested, costs can rise.

How Long Do You Have to Be Separated Before a Divorce in Mississippi?

Mississippi does not require a formal separation period before filing for divorce, unless you’re seeking a no-fault divorce on the grounds of irreconcilable differences. In that case, both parties must agree and wait a set amount of time before finalizing the divorce. For fault-based divorces, such as adultery, desertion, or cruelty, there is no required waiting period. The plaintiff must be able to prove this in court.

Can I File My Own Divorce Papers in Mississippi?

Yes, you can file your own divorce papers in Mississippi if you meet the residency requirements and are pursuing an uncontested divorce. This is often called a pro se divorce. You must complete and file the necessary legal forms, including the complaint for divorce, marital settlement agreement, and any child-related documents.

Does It Matter Who Files for Divorce First in Mississippi?

Filing first in Mississippi can sometimes give you a strategic advantage. The one who files can set the tone of the case by choosing the grounds for divorce and presenting their case first in court. They may also have more time to prepare legal documents and gather evidence. Filing first does not necessarily affect the final outcome of issues, such as custody, property division, or support.

Hire a Divorce Lawyer

If you need help navigating a divorce in Mississippi, contact Taylor & Cox Law Firm to schedule a consultation and let us help you get through the process with peace of mind.