Start your divorce online in Mississippi

Mississippi local courts must have jurisdiction over spouses, their property, children, etc. So if the couple wants the court to issue any orders regarding their case, they must comply with the residency requirements.

Essentially, either spouse must prove that they are a bona fide resident and have lived in Mississippi for six months before filing the divorce complaint.

A military member stationed in Mississippi for six months is also considered a bona fide resident.

Mississippi allows dissolving marriage using no-fault and fault-based legal reasons (grounds). The only no-fault ground is irreconcilable differences which can be used, if both parties agree.

Other grounds are fault-based:

• Adultery
• Natural impotence
• Willful desertion for one year
• Habitual drunkenness
• Cruel treatment
• Mental illness at the time of marriage
• Marriage to another person
• Pregnancy of the wife by someone else than the husband
• If the couple is related to each other to the prohibited degree

A filing spouse must take the signed and notarized Complaint for Divorce to the Chancery Court Clerk’s office. If the divorce is uncontested, it should be a Joint Complaint.

The clerk will take the original and two copies of documents and assign the case number.

The proper court to file for divorce is located in the county where the defendant lives. However, if they live in another state, the initial papers must be filed in the county where the plaintiff resides.

Each plaintiff must pay a filing fee when submitting the divorce papers. The average cost for filing the documents is $150. However, the prices differ between the counties, so the spouses should find out the exact sum in advance by calling the clerk’s office.

If a person can’t afford the court costs, they may request a fee waiver by filing a Motion To Proceed In Forma Pauperis plus one other form - an Affidavit For Commencement Of Suit Without Prepayment Of Fees.

A filing spouse must notify the other party about the divorce proceedings which is known as “serving the defendant.” The rules of civil procedure allow the following ways to perform the service:

• by a process server (a person who is 18 and not the party to the case)
• by the sheriff (includes additional fees)
• by certified mail (the notice and acknowledgment of receipt of summons required)
• by publication (if the plaintiff can’t find the defendant)

A defendant may also waive the service of process or enter their appearance.

The couple may obtain a divorce decree 60 days after filing the Complaint. If the divorce is uncontested, the spouses may use this 60-day waiting period to resolve all disputes about custody, property, and alimony.

This cooling-off period has other uses, too. For instance, it includes 20 days during which the defendant may file the response papers. Plus, the couple may change their mind about getting a divorce and ask to dismiss the case before the final hearing.

The clerk of court must schedule the date of the final hearing. Finally, the spouses must take all the filed papers and the Judgment of Divorce and give them to the judge.

If their divorce is uncontested, the hearing may not be necessary. Instead, the judge will review the papers and divorce terms. The judge will sign the divorce decree if everything complies with the laws and the children’s best interests.