MISSISSIPPI DIVORCE — LSC COMPANION GUIDE

Legal Services Corporation Partner Document

For use with: ms-divorce-complaint-court-doc.md

What This Document Does

This guide helps you file for divorce in Mississippi Chancery Court. If you and your spouse agree that the divorce will be granted quickly. without a long court battle.

When to Use This Guide

• You and your spouse both agree to get divorced (no-fault divorce)
• One or both spouses is living in Mississippi for at least 6 months
• Your spouse has committed adultery, abandonment, or abuse
• You have been married elsewhere (bigamy)
• You have been prison

• You have lived in Mississippi for at least 6 months

Before You Start

You CAN use this guide if:

✓ You and your spouse both agree to get divorced

✓ At least one spouse has lived in Mississippi for 6+ months

✓ Your marriage is legally recognized

✓ There are no minor children OR one spouse has minor children from a prior marriage

✓ Wife is not pregnant (or will not be pregnant during divorce process)

You may need a lawyer if:

✗ Complex property division or custody disputes

✗ Your spouse contests the divorce

✗ There are issues of domestic violence or abuse)

✗ Your spouse has committed adultery or is in prison

What You'll Need

Step-by-Step Filing

Step 1: Get the Forms

1. Complaint for Divorce — Form VS-105 (free from Chancery Clerk)
2. Fill in all blanks completely
3. Sign in front of notary (if available)
4. Make 3 copies — 1 for yourself, 1 for court (original + 2), 1 for spouse (for service)

1. File with the Court:
2. Take original and 2 copies to Chancery Clerk
3. Pay filing fee ($100-$$175)
4. The clerk will stamp your copies and give you a case number
5. Get the hearing date — usually within 60 days

Step 2: Serve Your spouse

• The can be done by sheriff, private process server, or publication in newspaper
• If you cannot locate your spouse, ask the clerk for "service by publication" form
• Affidavit of non-military service is required (not free)
• Certified mail, return receipt requested
• If certified mail, return receipt with service
• Proof of service — Affidavit of service must file with the court

**Deadline to 60 days from filing

Step 3: Attend the Hearing

Bring:

• Stamped copy of Complaint
• Proof of residency
• Marriage certificate
• Photo ID
• Any witnesses (if applicable)
• Property documents (deed, mortgage, bank statements)
• Retirement accounts)
• List of debts and proof of income)
• Any existing court orders (custody, support)

What to say:

• "Your Honor, I am [YOUR NAME], and I am the Complainant in this action."
• "My spouse and [SPOUSE'S NAME] and I have been this marriage on [DATE]. I would like to be divorced on the grounds of [GROUND].]"
• "My spouse has abandoned me and I am asking the Court to restore my maiden name."
• "I would like to restore my maiden name to cases where the other parent is not in the picture."

• "I am asking the Court to award me [SOLE/joint custody] of my minor children."
• "I would like to divide our property and debts fairly"

What NOT to say:

• **"Your Honor, I want the divorce on the grounds of irreconcilable differences."
• **"Your Honor, I have lived in Mississippi for the least six months before filing this Complaint."
• **"Your Honor, the Mississippi is a no-fault divorce state, and and my marriage is legally recognized in [STATE].]"
• **"Your Honor, at the time of our marriage, we. [SPOUSE'S NAME] and I were married on [DATE] in [CITY], [STATE].]"
• **"Your Honor, our date of separation was [DATE] when [SPOUSE'S NAME] left the marital home."
• **"Your Honor, my spouse and I have no minor children of this marriage. However, [SPOUSE'S NAME] and I are pregnant. (or if applicable, and [NAME] is currently pregnant." (If wife) "I am not currently pregnant." (if husband) "My wife is not currently pregnant."
• **"Your Honor, there are no minor children of this marriage." (Check if applicable)
• **"Your Honor, my spouse and I am unaware of any other children born during the marriage." (if none, "No minor children were born of the parties during the marriage."
• **"Your Honor, [list property and debts, debts, and assets]. (Attach schedule if extensive)
• **"Your Honor, [check applicable]. My spouse and I [is / is not] currently employed. (If applicable) "My spouse is unemployed." "My spouse is self-employed." "My spouse's employment status is unknown."
• **"Your Honor, I am requesting that this Court grant me a divorce from [SPOUSE'S NAME] on the grounds of [state grounds]." (See Miss. Code Ann. § 93-5-1 for grounds.)
• **"Your Honor, I am requesting such other and further relief as this Court deems just and proper, including court costs."

**Complainant, [Signature]

Date: _______________

VERIFICATION

STATE OF MISSISSIPPI

COUNTY OF ________________________

I, [FULL NAME], being Complainant in this action, declare under penalty of perjury under the laws of the State of Mississippi that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed this ___ day of _________________, 20____.

_______________________________

Signature of Complainant

________________________________________________________

[PRINTED NAME]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE]

_______________________________

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: Ask the Chancery Clerk for information about filing in forma pauperis (IFP)

Required Documents:

1. Complaint for Divorce (this document)
2. Certificate of Divorce (from Chancery Clerk)
3. Filing fee or IFP application (if applicable)
4. Certified copy of marriage certificate (if available)
5. Proof of residency (utility bills, driver's license, lease)
6. Service documents (summons, return receipt, etc.)
7. Property settlement agreement (if applicable)
8. Financial affidavit (if seeking alimony)
9. Custody agreement (if children)
10. Child support calculation worksheet (if applicable)

Hearing: The Court will schedule a hearing after service is complete. Proof of service is required. Hearing typically occurs within 60 days from filing for contested divorces. or up to 3 months from filing.

Processing Time: 60–90 days from filing to divorce decree

Residency Requirement: 6 months in Mississippi before filing

Total Time: 3–4 months ( filing to hearing, resolution)

Hearing: Within 1–2 weeks after filing

How Much Does This Cost?

Fee Waiver available — ask the Chancery Clerk

Where to Get Help

Legal Aid (Free or Low-Cost)

Bar Association Lawyer Referral

• Mississippi Bar Association: (601) 948-4466
• First consultation often $25–$50

Frequently Asked Questions

How long do I have to live in Mississippi before I can file for divorce?

6 months. You must be an actual bona fide resident for at least 6 months before filing.

Do I need a lawyer?

Not necessarily. Many people complete divorce without a lawyer when both parties agree. Consider a lawyer if:

• Custody disputes
• Significant property or assets
• Your spouse contests the divorce
• Domestic violence issues
• Your spouse is in prison

What if my spouse won't sign the papers?

You can still proceed. Mississippi allows "no-fault" divorce on the grounds of irreconcilable differences. File the joint complaint if both parties agree, or serve your spouse by publication if you cannot locate them.

How long until the divorce is final?

60 days from service for contested divorces, Immediate for irreconcilable differences divorces

Can I change my name back to my maiden name?

Yes. Check the box in the verification section requesting that the court restore your former name

How is property divided?

Mississippi is an "equitable distribution" state. The court divides marital property fairly based on factors including

• Length of marriage
• Each spouse's contribution
• Value of assets
• Economic circumstances

Who gets custody of the children?

Mississippi courts decide custody based on the "best interests of the child" under Miss. Code Ann. § 93-5-24. Joint custody is preferred when both parents agree

Checklist Before Filing

• [ ] Lived in Mississippi for 6+ months
• [ ] Have marriage certificate
• [ ] Have proof of residency (utility bills, license, lease)
• [ ] Have $100–$175 for filing fee (or IFP application)
• [ ] Listed all property and debts
• [ ] Listed all children with birth dates and SSNs
• [ ] Know spouse's current address
• [ ] Decided on grounds for divorce

• [ ] Completed Complaint for Divorce form

• [ ] Made copies of all documents

Disclaimer

This guide and the court document template are for informational purposes only and do not constitute legal advice. Jurist-Diction is not a law firm. Contact a licensed attorney for legal advice.

Guide prepared by Jurist-Diction in partnership with Legal Services Corporation grantees.

"The law, precisely spoken."

Version: 1.0

Last Updated: March 2026