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Find a happier ending at Divorce.comTM Save time, money, and stress, guided by the most experienced team in online divorce

Our online divorce solution launched the industry
SaveYou can save thousands over the typical divorce process
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Benefits of 
an online divorce

Benefits of an online divorce

Why Choose Divorce.com?

Divorce.com is an affordable and convenient tool for preparing court-required papers for an uncontested divorce. This online platform was designed to help spouses save money on expensive divorce attorneys and decrease the time spent in the courthouse.

Divorce.com has a vast database of uncontested divorce forms for every situation. Whatever your circumstances, our system will select the correct documents and fill them out, according to your specific case.

Your simple steps for obtaining the divorce documents are:

  • Pass the brief eligibility check and answer the online questionnaire.
  • Make unlimited changes to your answers and pause the process whenever you need.
  • Download the papers prepared in a PDF format in two days. Then, print and sign them.
  • Follow the accompanying written instructions to file your case.

Choose Divorce.com and simplify your divorce preparations!

Mississippi divorce forms

Mississippi Divorce Forms

The divorce documents required in Mississippi depend on circumstances such as the presence of underage children and the amount of property.

Another important factor is the type of marriage dissolution. For example, if both parties agree to have an amicable divorce, they must submit a settlement agreement.

The basic forms for starting a Mississippi divorce are:

  • Joint Complaint for Absolute Divorce (Form MS-802D)
  • Civil Cover Sheet (Form MS-AOC-01)
  • Separation and Property Settlement Agreement (Form MS-804D or Form MS-61766)
  • Financial Disclosure Statement (Form MS-805D)
  • Certificate of Compliance (Form MS-806D)
  • Notice of Hearing (Form MS-807D)
  • Affidavit Under Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA)
  • Child Support Computation Worksheet
  • Affidavit Regarding the Children
  • Motion To Proceed In Forma Pauperis
  • Affidavit For Commencement Of Suit Without Prepayment Of Fees
  • Final Judgment of Absolute Divorce (Form MS-812D)

Getting the blank forms may pose some challenges. The self-help centers and state official resources offer only a few initial papers. Others can be more specific and hard to come by.

Divorce forms preparation

Divorce forms preparation

How to Fill Out Divorce Forms in Mississippi

Filling out divorce forms is not always straightforward and may take a lot of time and nerves. Below you can find the most general rules to make this preparation process easier:

  • Look through the information in the forms and see if they contain any specific instructions.
  • If you find an unfamiliar term or concept, look them up in a legal dictionary or Mississippi Code.
  • Collect important data and documents, e.g., date of marriage and separation, each spouse’s address, property information, etc.
  • Discuss the terms with your husband or wife if your divorce is uncontested.
  • Fill out the blanks in the forms with the required information.
  • Proofread your answers and fix the errors if necessary.

Remember that you must sign some papers only before a notary public. This means you can’t sign them at home and then come to the notary. Also, ensure that your paperwork doesn’t contain any mistakes before you go to the court clerk’s office.

If you have no intention of wasting many hours of your time on collecting and filling out the papers, Divorce.com can offer you an affordable and fast alternative. Our service will assist you in preparing all the legal paperwork, without leaving your home.

All you need is to register and answer a few questions, and our system will use this information to select and fill out the forms for your divorce. You’ll also receive detailed filing instructions to get started with your case.

Filing for
Divorce in
Mississippi

Steps to Consider

Residency Requirements

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.

Grounds for Divorce

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
Initial Filing

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.

Filing Fees

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.

Serving the Respondent

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.

Waiting Period

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.

Finalizing a Divorce Case

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.

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Uncontested divorce 
in Mississippi

Uncontested Divorce in Mississippi

Uncontested divorces mean that couples don’t have unresolved disputes and don’t need court involvement to settle the divorce terms. As a rule, such spouses file a joint petition (complaint) and can avoid hiring lawyers.

Nevertheless, they may use the services of a divorce mediator to negotiate some of the burning issues. It’s much cheaper and safer than leaving the divorce outcome in the hands of lawyers and judges.

Couples seeking an amicable divorce must resolve the following issues:

  • property division, including all marital assets, debts, real estate, vehicles, etc.
  • legal and physical custody of all minor children
  • alimony and child support
  • health and life insurance, etc.

If you want to simplify your uncontested divorce and reduce divorce expenses, Divorce.com can help. This service will provide you with a complete packet of divorce forms in only two business days and at an affordable cost.

Child custody

Getting a Divorce with Children in Mississippi

Child custody

In any divorce case or annulment, the court must make orders about the custody and support of all minor children. The parents may conclude a parenting plan and decide on these issues themselves. If the judge approves the agreement, the custody provisions will be incorporated into the divorce decree.

The family law in Mississippi recognizes the following types of custody:

  • Joint legal custody - when both parents have decision-making authority concerning their children’s well-being.
  • Sole legal custody - when only a custodial parent decides what’s best for the child.
  • Joint physical custody - when the child spends equal amounts of time with both parents.
  • Sole physical custody - when the children live with a custodial parent while the other parent visits them, according to the schedule.

The courts usually try to award joint custody where the child has frequent contact with each parent. However, if a person has committed violence against any family member, the courts won’t place the child in their custody.

There are no preferences as to the gender of the primary custodian - both men and women can get sole custody.

Also, the courts may grant custody to a party other than the parents if they abandoned the child at some point or are mentally unfit to raise the child.

Child Support

Child Support

The parents must support their children financially after a divorce. Usually, the paying parent is the one without primary custody, who doesn’t live with the children.

Mississippi courts use the Percentage of Income Model to determine the amount of support. This model is based on the paying parent’s monthly gross income and the number of kids.

Mississippi child support guidelines have tables helping to determine the correct amount of support, based on the adjusted gross income. For example, the obligor must pay 14% of this income to one child, 20% for two children, 22% for three, and so on.

The court orders concerning support must cover food, clothing, education, reasonable medical support, insurance, etc.

Support payments end when the child:

  • turns 21
  • marries
  • joins the military
  • commits a felony and is imprisoned for two or more years
Divorce Without a Lawyer in Mississippi

Divorce Without
a Lawyer
in Mississippi

Mississippi state laws allow divorcing couples to represent their case in court without a lawyer. Thus, such DIY divorces are an excellent way to reduce court costs and spend less time in the courthouse.

For comparison, the average hourly fee of a Mississippi lawyer is $200, and the average time spent in court is six months. But if both parties agree to have an amicable divorce without a lawyer, their divorce will take approximately two months.

Completing divorce papers is one of the most complex parts of a lawyer-free divorce. For example, the spouses must find the correct forms and fill out various information. Plus, they need a settlement agreement.

If everything is fair and just, the final judgment will most likely repeat the terms the spouses put into their mutual settlement agreement.

Legal paperwork is difficult to obtain, without some help, since not all the forms are available at the self-help resources.

Luckily, there’s an easy solution - Divorce.com. This service has all the court-required forms and will complete them in just two business days. In addition, you’ll receive detailed filing instructions to guide you through the filing process.

Frequently Asked Questions

How long will it take to get divorced in Mississippi?

The shortest time that spouses may obtain an uncontested divorce is 60 days. Contested cases take 6-12 months, depending on the number of conflicts.

Can I get a free divorce in Mississippi?

Free divorce is only possible if a person doesn’t hire a lawyer and asks the court to waive the court fees. This request includes filing a Motion To Proceed In Forma Pauperis and an Affidavit.

How do I file for divorce in Mississippi?

A filing party must file the Complaint for Divorce with the Chancery Court. It should be a county where the defendant resides. If they are non-residents, the proper county is where the plaintiff lives.

How much does a divorce cost in Mississippi?

A typical contested divorce will cost $10,000 on average. Uncontested cases start around $900. To reduce the costs, get a DIY divorce and prepare the papers with Divorce.com.