COMPLAINT FOR DIVORCE — MISSISSIPPI

Document Type: Complaint for Divorce

Statutory Authority: Miss. Code Ann. §§ 93-5-1, 93-5-2, 93-5-5, 93-5-7, 93-5-23, 93-5-24

Jurisdiction: Chancery Court

Filing Fee: Approximately $100–$175 (varies by county)

________________________________________________________________________________

STATE OF MISSISSIPPI )

) ss.

[COUNTY NAME] COUNTY )

________________________________________________________________________________

[FULL NAME OF PLAINTIFF],

Complainant,

v.

[FULL NAME OF DEFENDANT],

Defendant.

________________________________________________________________________________

COMPLAINT FOR DIVORCE

IN THE CHANCERY COURT OF [COUNTY] COUNTY, MISSISSIPPI

Cause No.: _______________

________________________________________________________________________________

COMES NOW Complainant, [FULL NAME], by and through undersigned counsel or pro se, and files this Complaint for Divorce, and in support thereof states as follows:

I. PARTIES AND JURISDICTION

1.1 Complainant, [FULL NAME], is an individual residing at:

1.2 Defendant, [FULL NAME], is an individual believed to be residing at:

1.3 Jurisdiction. This Court has jurisdiction over this matter pursuant to Miss. Code Ann. § 93-5-5, which provides: "The jurisdiction of the chancery court in suits for divorce shall be confined to the following cases: (a) Where one (1) of the parties has been an actual bona fide resident within this state for six (6) months next preceding the commencement of the suit."

1.4 Complainant has been an actual bona fide resident of the State of Mississippi for at least six (6) months immediately preceding the filing of this Complaint.

1.5 Venue is proper in this County because Complainant resides in this County.

II. MARRIAGE INFORMATION

2.1 The parties were married on ____/____/________ in:

2.2 At the time of the marriage, Complainant's name was: ________________________

2.3 At the time of the marriage, Defendant's name was: ________________________

2.4 The parties [were / were not] married by a marriage license issued in Mississippi.

III. CHILDREN OF THE MARRIAGE

3.1 Children born to or adopted by the parties during the marriage:

☐ No minor children — The parties have no minor children born to or adopted during the marriage.

☐ Minor children exist — The following children were born to or adopted by the parties during the marriage:

3.2 Pregnancy. Complainant is [ / is not] currently pregnant. (If yes, provide expected due date: ____/____/________)

3.3 Prior Court Orders. There [are / are not] any prior court orders regarding custody or support of the children. (If yes, attach copies and provide case numbers: _________________)

IV. GROUNDS FOR DIVORCE

Complainant seeks divorce on the following ground(s) pursuant to Miss. Code Ann. § 93-5-1:

☐ Irreconcilable Differences — The parties have irreconcilable differences and the marriage has irretrievably broken down. (Miss. Code Ann. § 93-5-2)

☐ Adultery — Defendant committed adultery during the marriage. (Miss. Code Ann. § 93-5-1, Second)

☐ Habitual Drunkenness — Defendant has been habitually drunk for a period of time. (Miss. Code Ann. § 93-5-1, Fifth)

☐ Habitual Cruel and Inhuman Treatment — Defendant has subjected Complainant to habitual cruel and inhuman treatment, including but not limited to: physical abuse, threats, emotional abuse, or other conduct that makes continued cohabitation unsafe or unreasonable. (Miss. Code Ann. § 93-5-1, Seventh)

☐ Willful Desertion — Defendant willfully deserted Complainant for a period of one (1) year or more. (Miss. Code Ann. § 93-5-1, Fourth)

☐ Natural Impotency — (Miss. Code Ann. § 93-5-1, First)

☐ Incarceration — Defendant has been sentenced to penitentiary and not pardoned. (Miss. Code Ann. § 93-5-1, Third)

☐ Drug Addiction — Defendant has been habitually and excessively using opium, morphine, or other like drug. (Miss. Code Ann. § 93-5-1, Sixth)

☐ Mental Illness/Intellectual Disability — (Miss. Code Ann. § 93-5-1, Eighth)

☐ Bigamy — Defendant was married to another person at the time of the marriage to Complainant. (Miss. Code Ann. § 93-5-1, Ninth)

V. STATEMENT OF FACTS IN SUPPORT OF GROUNDS

5.1 Date of Separation. The parties separated on or about ____/____/________ and have lived separate and apart since that date.

5.2 Cohabitation. The parties [have / have not] lived together since the date of separation.

5.3 Reconciliation. There [has / has not] been any attempt at reconciliation. (If yes, describe: _________________)

5.4 Specific Facts Supporting Ground(s):

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

VI. PROPERTY DIVISION

6.1 Marital Property. The parties acquired the following property during the marriage:

Real Estate:

Vehicles:

Bank Accounts:

Retirement Accounts:

Other Significant Assets:

_________________________________________________________________________

6.2 Separate Property. The following property is Complainant's separate property (owned before marriage or received as gift/inheritance):

_________________________________________________________________________

6.3 Debts and Liabilities:

VII. CUSTODY AND SUPPORT OF MINOR CHILDREN

Complete this section only if there are minor children. Otherwise, write "N/A".

7.1 Physical Custody. Complainant requests that physical custody be awarded as follows:

☐ To Complainant

☐ To Defendant

☐ Joint physical custody to both parents

☐ Other: ________________________

7.2 Legal Custody. Complainant requests that legal custody be awarded as follows:

☐ To Complainant

☐ To Defendant

☐ Joint legal custody to both parents

☐ Other: ________________________

7.3 Pursuant to Miss. Code Ann. § 93-5-24: "Custody shall be awarded as follows according to the best interests of the child: (a) Physical and legal custody to both parents jointly... (b) Physical custody to both parents jointly and legal custody to either parent... (c) Legal custody to both parents jointly and physical custody to either parent... (d) Physical and legal custody to either parent."

7.4 Child Support. Complainant requests that child support be awarded pursuant to the Mississippi Child Support Guidelines.

7.5 Health Insurance. Complainant requests that health insurance for the minor children be provided by:

☐ Complainant

☐ Defendant

☐ Both parties equally

☐ Other: ________________________

VIII. SPOUSAL SUPPORT (ALIMONY)

8.1 Complainant [does / does not] request spousal support (alimony).

8.2 If requesting alimony, Complainant requests:

☐ Periodic alimony in the amount of $____________ per month for ____________ months/years

☐ Lump sum alimony in the amount of $____________

☐ Rehabilitative alimony in the amount of $____________ per month for ____________ months

☐ No alimony

IX. REQUEST FOR NAME CHANGE

9.1 Complainant [does / does not] request restoration of a former name.

9.2 If yes, Complainant requests restoration to the following name: ________________________

X. AFFIDAVIT OF NON-COLLUSION

Complainant affirms pursuant to Miss. Code Ann. § 93-5-7:

This Complaint is not filed by collusion with the Defendant for the purpose of obtaining a divorce. The cause or causes for divorce stated in this Complaint are true as stated.

XI. PRAYER FOR RELIEF

WHEREFORE, Complainant respectfully requests that this Honorable Court:

A. Grant a divorce dissolving the bonds of matrimony between the parties;

B. Award custody of the minor children as requested herein, pursuant to Miss. Code Ann. § 93-5-24;

C. Award child support pursuant to the Mississippi Child Support Guidelines;

D. Divide the marital property and debts in a fair and equitable manner;

E. Award spousal support as requested herein;

F. Restore Complainant's former name (if requested);

G. Award such other and further relief as the Court deems just and proper.

VERIFICATION

STATE OF MISSISSIPPI

COUNTY OF ____________________

I, [FULL NAME], being duly sworn according to law, depose and say:

1. I am the Complainant in this matter.

1. I have read the foregoing Complaint and know the contents thereof.

1. The facts stated therein are true and correct to the best of my knowledge, information, and belief.

1. I understand that false statements made herein are subject to the penalties of perjury under Mississippi law.

_______________________________

Signature of Complainant

[FULL NAME, printed]

_______________________________

Date

SWORN TO AND SUBSCRIBED before me this _____ day of _________________, 20____, by [FULL NAME], who is personally known to me or who produced _________________________ as identification.

_______________________________

Notary Public

[Notary Seal]

My Commission Expires: ___________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Complaint for Divorce has been served upon Defendant, [FULL NAME], by:

☐ Personal service by Sheriff or Process Server

☐ Certified mail, return receipt requested

☐ First-class mail to Defendant's last known address

☐ Other: ________________________

_______________________________

Signature of Complainant

_______________________________

Date

________________________________________________________________________________

FILING INSTRUCTIONS

________________________________________________________________________________

Court: Chancery Court of [County] County, Mississippi

Address:

Filing Fee: $100–$175 (varies by county — contact Chancery Clerk for current fee)

Fee Waiver: If you cannot afford the filing fee, ask the Chancery Clerk for information about proceeding in forma pauperis (IFP).

Required Documents:

1. Original Complaint for Divorce (this document)
2. Certificate of Divorce (Form VS-105 — available from Chancery Clerk)
3. Filing fee or IFP application
4. Copy of marriage certificate (if available)

Service Requirements:

• Defendant must be served with a copy of the Complaint and Summons
• Service may be made by Sheriff, private process server, or certified mail (if Defendant accepts)
• Proof of service must be filed with the Court

Waiting Period: No mandatory waiting period for contested divorces. For irreconcilable differences divorces, see Miss. Code Ann. § 93-5-2.

Hearing: The Court will schedule a hearing after service is complete.

STATUTORY REFERENCES

• Miss. Code Ann. § 93-5-1 — Grounds for divorce
• Miss. Code Ann. § 93-5-2 — Irreconcilable differences
• Miss. Code Ann. § 93-5-5 — Jurisdiction and residency requirements
• Miss. Code Ann. § 93-5-7 — Divorce proceedings
• Miss. Code Ann. § 93-5-23 — Custody, maintenance, and alimony
• Miss. Code Ann. § 93-5-24 — Custody of children

IMPORTANT DISCLAIMERS

Jurisdiction-correct document templates. Not legal advice. Jurist-Diction is not a law firm and cannot provide legal advice or represent you in court.

• Divorce laws are complex and subject to change.
• Property division, custody, and support issues can have long-lasting consequences.
• Court procedures and fees vary by county. Contact your local Chancery Clerk for specific requirements.
• This template may not be appropriate for all situations. Consult with an attorney if your case involves complex issues.

Document prepared by Jurist-Diction • "The law, precisely spoken."

Template Version: 1.0 • Last Updated: March 2026