Uncontested Divorce Filing Guide

Mississippi

A Plain-Language Guide from Jurist-Diction

What This Guide Covers

This guide walks you through filing an uncontested divorce in Mississippi when you and your spouse agree on all the terms. An uncontested divorce is also called a "divorce by agreement" or "divorce on the ground of irreconcilable differences" in Mississippi.

Reading Level: 8th Grade

Last Updated: March 2026

Before You Start

Do You Qualify?

YES, if:

• You or both you have lived in Mississippi for at least 6 months
• You and your spouse agree to get divorced
• You agree on all terms (property, debts, etc.)
• There are no minor children OR you both agree on all custody and support terms
• Your spouse is willing to sign all papers

NO, if:

• Your spouse refuses to sign papers
• Your spouse cannot be found
• You cannot agree on terms
• There has been domestic violence or abuse
• Your spouse is in the military and deployed

Step 1: Get Your Forms

What You Need

You can get forms from:

• Your local Chancery Clerk's office (call first)
• Mississippi courts website: courts.ms.gov
• Online legal form services

Forms You'll Need:

Cost: About $100-$200 to file (varies by county)

Step 2: Fill Out the Complaint

The Complaint Form

Top Section (Case Caption):

Write your name as "Plaintiff" and your spouse's name as "Defendant." Include:

• Your county name
• "Chancery Court of [County Name] County, Mississippi"

Body of Complaint:

1. Residence

Write:

• How long you've lived in Mississippi (at least 6 months)
• The county where you live
• That you and your spouse are residents

2. Marriage

Write:

• Date you got married
• Where you got married (city and state)

3. Separation

Write:

• The date you separated
• That you live in different homes now
• That you plan to stay separated

4. Irreconcilable Differences

This is your legal reason for divorce. Write something like:

"The parties have experienced a complete and total breakdown of the marriage relationship. There is no reasonable hope of getting back together. The differences between us cannot be fixed."

5. Agreement

Write:

• That you and your spouse have signed a written agreement
• The agreement covers property, debts, and other issues
• That you want the court to approve the agreement

6. No Children (or Children Agreement)

If no children: "No children were born of this marriage."

If you have children: "All issues regarding custody, visitation, and child support have been agreed upon in writing."

7. Request for Divorce

Write: "I ask the Court to grant a divorce and approve our settlement agreement."

Step 3: Sign the Verification

What Is Verification?

A Verification is a sworn statement that:

• You are who you say you are
• What you wrote in the Complaint is true
• You are not filing to trick the court

How to Sign

Option 1: Notary Public

• Take the form to a notary public
• Sign in front of them
• They will stamp and sign it
• Cost: About $10-$25

Option 2: Court Clerk

• Go to the Chancery Clerk's office
• Sign in front of the clerk or deputy clerk
• Usually free or small fee

Do NOT sign the Verification until you are in front of a notary or court official!

Step 4: File Your Papers

Where to File

Take your papers to the Chancery Clerk's office in the county where:

• You last lived together with your spouse, OR
• Your spouse currently lives (if different)

What to Bring

1. Original Complaint for Divorce (signed and verified)
2. Copy of Complaint for your spouse
3. Original Marital Settlement Agreement (both signed)
4. Filing fee (cash, money order, or credit card - call ahead)

What Happens When You File

1. The Clerk stamps your papers "Filed" with a date
2. The Clerk assigns a case number
3. The Clerk issues a Summons to be served on your spouse
4. Write down your case number! You will need it for all future steps.

Step 5: Serve Your Spouse

What "Service" Means

Your spouse must receive copies of the legal papers. This gives them a chance to respond.

How to Serve

Best Option: Personal Service by Sheriff

• The Sheriff's deputy hands the papers directly to your spouse
• Spouse signs a paper confirming receipt
• Usually costs $30-$50

Other Options:

**Do NOT serve papers yourself by If you spouse has an attorney, their attorney must receive the papers.

Step 6: Your Spouse Respond

If Your Spouse Agrees (Sign Papers)

Great! Your spouse will sign:

• Answer to Complaint (admitting the allegations)
• Acceptance of Service (confirming they received papers)
• Marital Settlement Agreement (if not already signed)

**These signed papers must be filed with the court. Your spouse can file them or you can file them yourself.

If Your Spouse Does Not Respond

If your spouse doesn't sign or file papers within 30 days, contact the court. The Judge may schedule a hearing.

Step 7: The Hearing

What to Expect

For Uncontested Divorces:

• Hearings are usually short (10-30 minutes)
• The Judge will ask basic questions
• You may not need to speak if everything is agreed

Questions the Judge May Ask:

• "Are you who you say you are?"
• "Is what you wrote in your Complaint true?"
• "Do you you and your spouse have agreed to all terms?"
• "Is the settlement agreement fair?"- "Do you want the divorce?"

What to Bring:

• Your copy of all filed papers
• Two extra copies of each document
• Photo ID
• Your settlement agreement (if not already filed)

Step 8: The Divorce Decree

What the Judge Signs

After the hearing, the Judge will sign a Divorce Decree (sometimes called Final Judgment). This document:

• Grants your divorce
• Approves your settlement agreement
• Makes your divorce official

When Is It Final?

Important: In Mississippi, there may be a 90-day waiting period before the divorce becomes final. This gives either party time to appeal if they change their mind.

After 90 days:

• The divorce cannot be appealed
• You can remarry if you wish
• Your settlement agreement becomes fully binding

Step 9: After the Divorce

Get Certified Copies

Why You Need Them:

• To change your name (if applicable)
• To divide retirement accounts
• For real estate transfers
• To update vehicle titles

How to Get Them:

• Contact the Chancery Clerk's office
• Request a "Certified Copy of Divorce Decree"
• Cost: About $5-$15 per copy

Update Your Records

Within 30 days, update:

1. Social Security (if changing name): ssa.gov or 1-800-772-1213
2. Driver's License (name change): Department of Public Safety
3. Vehicle Titles: Department of Revenue
4. Insurance Companies: Contact each company directly
5. Banks/Financial Accounts: Update your name and beneficiaries
6. Employer: Update HR records

If You Have Children

Even though your divorce is uncontested, you should:

• Keep copies of all custody and support orders
• Follow the parenting plan exactly
• Document any changes in writing

Common Questions

How Long Does This Take?

How Much Does It Cost?

What if We Have Children?

The process is mostly the same, but:

• Your settlement agreement must address custody, visitation, and child support
• The Judge will review the agreement to ensure it's in the children's best interests
• Mississippi uses child support guidelines based on both parents' income
• You'll need to attend a parenting class in some counties

Do I Need a Lawyer?

You can file without a lawyer if:

• Everything is agreed
• You have no complex assets
• You understand the forms

Consider a lawyer if:

• Your spouse has a lawyer
• You have significant assets (businesses, large retirement accounts)
• You're not sure if the agreement is fair
• There are tax complications

Need Help?

Mississippi Bar Association Lawyer Referral Service

Phone: (601) 948-3125

Website: msbar.org

Mississippi Legal Services (free help for low-income residents)

Phone: (601) 948-3125

Mississippi Courts Self-Help Resources

Website: courts.ms.gov

Glossary

Checklist

Use this checklist to track your progress:

• [ ] I have lived in Mississippi for at least 6 months
• [ ] I have all the required forms
• [ ] I filled out the Complaint completely
• [ ] I signed the Verification in front of a notary
• [ ] I filed papers with the Chancery Clerk
• [ ] I have my case number
• [ ] My spouse was served
• [ ] My spouse signed and filed all papers OR 30 days passed
• [ ] I attended the hearing
• [ ] I received the signed Divorce Decree
• [ ] I waited 90 days (if required)
• [ ] I got certified copies
• [ ] I updated all my records

Jurisdiction-correct document templates. Not legal advice.

Prepared By:

Jurist-Diction

The law, precisely spoken.

Date: March 23, 2026