Divorce in Mississippi

Negotiate and draft a Property Settlement Agreement

For an irreconcilable differences divorce, both spouses must sign a comprehensive Property Settlement Agreement (PSA) covering: all real estate and personal property division, retirement accounts, debts, alimony (if any), child custody and visitation schedule, and child support calculations. Without a complete PSA, the court cannot grant an uncontested irreconcilable differences divorce.

File the Complaint for Divorce in Chancery Court

The Complainant (filing spouse) files a Complaint for Divorce with the Chancery Clerk. Attach the Property Settlement Agreement and any parenting plan. Filing fee varies by county but is typically $75–125. Both parties must execute a Joint Motion and Consent to Proceed when filing irreconcilable differences.

Serve the Defendant spouse

The Defendant must be served with the complaint. In an uncontested case, the Defendant can sign an Entry of Appearance and Waiver of Process, consenting to service. If not cooperative, a process server or sheriff must serve them.

Defendant files an Answer

In an irreconcilable differences case, the Defendant files an Answer consenting to the divorce and acknowledging the PSA. The Answer should be filed within 30 days of service.

Attend the final hearing in Chancery Court

Mississippi generally requires a brief hearing before the Chancellor (Chancery Court judge) even for uncontested divorces. Both parties typically appear. The hearing is usually 15–30 minutes. The Chancellor reviews the PSA to confirm it is fair and not unconscionable.

Receive the Final Decree of Divorce

The Chancellor signs the Final Decree of Divorce. You are legally divorced from the date it is entered. The Chancery Clerk will provide certified copies. You need these for name change purposes, refinancing, remarriage, and other legal matters.