Mississippi Divorce — LSC-Grade Legal Packet

Jurist-Diction | Legal Document Automation for Underserved Communities

This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact North Mississippi Rural Legal Services, Mississippi Center for Legal Services, or a licensed Mississippi attorney.

1. Eligibility Checker — Who This Packet Helps

You may file for divorce in Mississippi if:

• [ ] You or your spouse have lived in Mississippi for at least 6 months before filing
• [ ] You have grounds for divorce under Mississippi law
• [ ] You file in the county where you or your spouse lives

Types of Divorce in Mississippi:

Fault-Based Grounds (Miss. Code § 93-5-1):

• Natural impotence at time of marriage
• Adultery
• Imprisonment for a felony
• Willful desertion for 1+ year
• Habitual drunkenness or drug abuse
• Habitual cruel and inhuman treatment
• Insanity or mental illness (confined for 3+ years)
• Wife pregnant by another man (without husband's knowledge)
• Incurable mental illness (confined for 3+ years)

This packet covers both types but focuses on:

• Irreconcilable differences (most common)
• Uncontested divorces (where both parties agree)

2. Required Forms — Mississippi Divorce

Forms You Will Need

Where to Get Forms

• Chancery Court Clerk's Office in your county
• Mississippi Judiciary Self-Help: courts.ms.gov
• Some counties provide packet forms; others require drafting your own

3. Step-by-Step Filing Instructions

Step 1: Meet Residency Requirements

Before filing, confirm:

• You or your spouse has lived in Mississippi for at least 6 months
• You will file in the county where you or your spouse resides

Step 2: Determine Your Grounds

Irreconcilable Differences (Recommended for Agreed Divorces):

• Both spouses must agree to the divorce AND all terms
• 60-day waiting period from filing to final judgment
• Simpler, faster, less expensive

Fault-Based Grounds:

• File if your spouse will not agree to divorce
• Must prove grounds in court
• Can take 6-12+ months

Step 3: Gather Required Documents

• [ ] Marriage certificate
• [ ] Birth certificates of children (if any)
• [ ] Proof of income (pay stubs, tax returns) for both spouses
• [ ] List of all assets (house, cars, bank accounts, retirement, personal property)
• [ ] List of all debts (mortgage, credit cards, loans)
• [ ] Deeds and titles to real property and vehicles
• [ ] Retirement account statements
• [ ] Insurance policies

Step 4: Draft and File Your Complaint

1. Draft the Complaint for Divorce including:

• Full names of both spouses
• Date and place of marriage
• Names and birth dates of children
• Grounds for divorce
• What you are asking for (property division, custody, support)
• Statement that residency requirements are met

1. File the Complaint at the Chancery Court Clerk's Office

• Bring original + 2 copies
• Pay the filing fee
• Get your copies stamped

1. The clerk will issue a Summons

Step 5: Serve Your Spouse

If your spouse will not sign a waiver, you must have them served:

1. Give the Summons and Complaint to the Sheriff in the county where your spouse lives
2. Pay the service fee (typically $25-50)
3. The Sheriff will serve your spouse and return proof to the court

If your spouse agrees to the divorce:

• They can sign a Waiver of Process form
• This avoids formal service by sheriff

Step 6: Wait Period and Negotiation

For Irreconcilable Differences:

• 60-day waiting period is MANDATORY
• Use this time to finalize your Marital Settlement Agreement

For Fault-Based:

• No waiting period, but must prove grounds at hearing
• Your spouse has 30 days to file an Answer

Step 7: Complete Settlement Agreement (If Agreed)

Work with your spouse to agree on:

• [ ] Property division
• [ ] Debt division
• [ ] Alimony (if any)
• [ ] Child custody and visitation
• [ ] Child support
• [ ] Health insurance for children
• [ ] Who pays for attorney fees

Both spouses must sign the Marital Settlement Agreement.

Step 8: Attend the Hearing

• The court will schedule a hearing (uncontested hearings are brief)
• Bring:
• All filed documents
• Signed Settlement Agreement
• Draft Final Judgment for judge to sign
• Vital Statistics Form

• The judge may ask questions to confirm:
• Grounds exist
• Settlement is fair
• Children's best interests are protected

Step 9: Get Your Final Judgment

• Judge signs the Final Judgment of Divorce
• Get certified copies from the clerk
• Your divorce is final when the judgment is entered

4. Exact Court Information — Mississippi Chancery Courts

Divorces in Mississippi are filed in Chancery Court for the county where you or your spouse lives.

Hinds County (Jackson Metro)

Hinds County Chancery Court

• Address: 407 East Pascagoula Street, Jackson, MS 39201
• Phone: (601) 968-6565
• Hours: Monday–Friday, 8:00 AM – 5:00 PM
• Filing Fee: Approximately $100-150 (varies)

DeSoto County

DeSoto County Chancery Court

• Address: 2535 Highway 51 South, Hernando, MS 38632
• Phone: (662) 429-1325
• Hours: Monday–Friday, 8:00 AM – 5:00 PM
• Filing Fee: Approximately $100-150

Harrison County (Gulf Coast)

Harrison County Chancery Court

• Address: 1804 23rd Avenue, Gulfport, MS 39501
• Phone: (228) 865-4000
• Hours: Monday–Friday, 8:00 AM – 5:00 PM
• Filing Fee: Approximately $100-150

Rankin County

Rankin County Chancery Court

• Address: 2212 Government Street, Brandon, MS 39042
• Phone: (601) 825-1465
• Hours: Monday–Friday, 8:00 AM – 5:00 PM
• Filing Fee: Approximately $100-150

Fee Waiver Information

If you cannot afford filing fees, file an Affidavit of Indigency or Pauper's Affidavit. You will need to show proof of low income (pay stubs, benefits letter, tax return).

5. Filing Checklist — Before Going to Court

Print this list and check each item:

Documents to Gather:

• [ ] Marriage certificate (certified copy)
• [ ] Children's birth certificates (if applicable)
• [ ] Proof of income for both spouses (last 3-6 pay stubs)
• [ ] Last 2-3 years of tax returns
• [ ] Bank statements (all accounts, last 6 months)
• [ ] Retirement account statements
• [ ] Deeds to real property
• [ ] Vehicle titles
• [ ] List of all debts with balances
• [ ] Proof of residency (driver's license, utility bill)

Documents to Draft:

• [ ] Complaint for Divorce
• [ ] Marital Settlement Agreement
• [ ] Parenting Plan (if children)
• [ ] Child Support Worksheet (if children)
• [ ] Financial Statement
• [ ] Draft Final Judgment of Divorce
• [ ] Vital Statistics Form

6. What to Bring to the Hearing

Required:

• Photo ID
• All filed court documents (stamped copies)
• Original Marriage Certificate
• Signed Marital Settlement Agreement
• Draft Final Judgment for judge to sign
• Vital Statistics Form

If You Have Children, Also Bring:

• Parenting Plan
• Child Support Calculation Worksheet
• Proof of income
• Children's health insurance information

Recommended:

• Copy of any prenuptial agreement
• List of property and debts
• Notes on what you want to say to the judge

7. What Happens After Filing

For Uncontested (Agreed) Divorce

For Contested Divorce

After Divorce Is Final

• Keep certified copies of your Final Judgment
• Update your name with Social Security, DMV, banks (if changed)
• Update beneficiary designations on life insurance, retirement accounts
• Transfer titles and deeds as ordered in the judgment
• Close joint accounts or remove spouse's name

8. Local Legal Aid Resources — Mississippi

LSC-Funded Organizations

North Mississippi Rural Legal Services (NMRLS)

• Phone: (662) 234-8731 or 1-800-498-1803
• Website: nmrls.com
• Services: Free legal help for low-income individuals in family law matters
• Counties Served: 39 north Mississippi counties
• Income Limit: Generally 200% of federal poverty level

Mississippi Center for Legal Services (MCLS)

• Phone: (601) 948-6752 or 1-800-682-6423
• Website: mslegalservices.org
• Services: Free legal help for low-income individuals in central and south Mississippi
• Counties Served: Includes Hinds, Rankin, Madison, Harrison, Jackson, and others
• Income Limit: Generally 200% of federal poverty level

South Mississippi Legal Services

• Phone: (228) 864-5678
• Services: Free legal assistance on the Gulf Coast

Additional Resources

Mississippi Bar Lawyer Referral Service

• Phone: (601) 948-3194 or 1-800-682-6423
• Website: msbar.org
• Services: Referral to private family law attorneys

Domestic Violence Resources

Mississippi Coalition Against Domestic Violence

• Hotline: 1-800-898-3234
• Website: mcadv.org
• Services: Safety planning, shelter referrals, legal advocacy

9. Controlling Statute Citations — Mississippi

10. Disclaimer

IMPORTANT: This packet is for informational purposes only and does not constitute legal advice. The information provided may not apply to your specific situation. Laws change, and court procedures vary by county.

For legal advice, contact:

• North Mississippi Rural Legal Services: 1-800-498-1803
• Mississippi Center for Legal Services: 1-800-682-6423
• A licensed Mississippi family law attorney

Jurist-Diction is not a law firm and does not provide legal representation. Using this packet does not create an attorney-client relationship.

Packet Version: March 2026

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