How long do you have to live in Mississippi to file for divorce?

Under Mississippi Code § 93-5-5, at least one spouse must have been an actual bona fide resident of Mississippi for at least six months immediately before filing the divorce complaint. This residency must be proven through testimony or other competent evidence.

Can I get a divorce in Mississippi without my spouse's consent?

Yes, but your options depend on the type of divorce. A no-fault divorce based on irreconcilable differences generally requires both spouses to consent. However, you can file a fault-based divorce on one of the twelve statutory grounds without your spouse's agreement.

How long does a divorce take in Mississippi?

An uncontested no-fault divorce has a mandatory 60-day waiting period and can be finalized in two to three months. Contested and fault-based divorces can take six months to over a year, depending on the complexity of the issues and the court's schedule.

How is property divided in a Mississippi divorce?

Mississippi is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. Courts consider factors such as each spouse's contributions, the length of the marriage, and the economic circumstances of each party when making the division.

How much does it cost to file for divorce in Mississippi?

The filing fee for a divorce in Mississippi ranges from approximately $50 to $175, depending on the county. Additional costs include attorney fees, process server fees, and potential mediation or expert witness expenses, which can vary significantly based on whether the divorce is contested.

Does Mississippi require a separation period before divorce?

Mississippi does not require a formal legal separation before filing for divorce. However, for no-fault divorces based on irreconcilable differences, there is a mandatory 60-day waiting period after the complaint is filed before the divorce can be granted.

How is child custody determined in Mississippi?

Mississippi courts determine child custody based on the best interests of the child, using the Albright factors. These factors include the age and health of the child, the emotional bond with each parent, stability of the home environment, and each parent's moral fitness and willingness to nurture the child.

Can fault affect alimony or property division in Mississippi?

Yes, marital fault can play a significant role in both alimony and property division decisions. A spouse found at fault for the breakdown of the marriage may be barred from receiving alimony, and the court may consider fault as one of the factors when equitably distributing marital property.

Divorce in Mississippi: A Complete Guide

Introduction

Filing for divorce is one of the most consequential legal decisions a person can make, and understanding the laws specific to your state is an essential first step. Mississippi has its own unique set of statutes governing how marriages are dissolved, how property is divided, and how matters involving children are resolved. Whether you are considering a no-fault divorce based on irreconcilable differences or pursuing a fault-based divorce on one of several statutory grounds, this guide will walk you through the key aspects of the process.

This guide provides a comprehensive overview of divorce law in Mississippi, including grounds for divorce, residency requirements, property division, child custody, spousal support, the filing process, and expected timelines and costs. While this resource is designed to be informative and up to date, it is not a substitute for personalized legal counsel from a licensed Mississippi attorney.

Grounds for Divorce in Mississippi

Mississippi provides both fault-based and no-fault pathways to divorce, giving spouses flexibility in how they choose to proceed.

No-Fault Divorce

The no-fault option in Mississippi is based on irreconcilable differences. This means neither spouse has to prove that the other did something wrong to cause the breakdown of the marriage. Instead, both parties simply agree that the marriage is irretrievably broken. A no-fault divorce based on irreconcilable differences typically requires the consent of both spouses, and the parties must submit a property settlement agreement or consent to allow the court to decide contested issues. If one spouse does not consent, the petitioner may need to pursue a fault-based ground instead or seek a court hearing to resolve the matter.

Fault-Based Divorce

Under Mississippi Code § 93-5-1, there are twelve statutory fault-based grounds upon which a divorce may be granted to the injured party. These include, but are not limited to:

Adultery – One spouse engaged in extramarital sexual relations.
Desertion – One spouse willfully abandoned the other for at least one year.
Habitual cruel and inhuman treatment – A pattern of behavior that endangers the life or health of the other spouse.
Habitual drunkenness or drug use – Chronic substance abuse that impairs the marital relationship.
Incurable mental illness – Confinement to a mental institution for at least three years before the filing.
Bigamy – One spouse was already married to another person at the time of the marriage.
Imprisonment – One spouse is sentenced to a penal institution.
Natural impotency – Inability to engage in sexual intercourse that existed at the time of the marriage.
Kinship within prohibited degrees – The spouses are too closely related by blood.
Incurable insanity at the time of marriage – Unknown to the other party.
Pregnancy by another person – The wife was pregnant by someone other than the husband at the time of the marriage, without the husband's knowledge.
Habitual and excessive use of opium, morphine, or similar substances.

In a fault-based divorce, the petitioner bears the burden of proving the alleged ground by a preponderance of the evidence, or in some cases by clear and convincing evidence. Fault-based divorces can be more contentious, take longer, and cost more, but they may also influence the court's decisions regarding property division and spousal support.

Residency Requirements

Under Mississippi Code § 93-5-5, at least one of the parties must have been an actual bona fide resident of the state of Mississippi for six months immediately preceding the filing of the divorce complaint. This residency requirement must be established by the testimony of the filing party or other competent evidence. Military personnel stationed in Mississippi may also satisfy the residency requirement under certain conditions.

The divorce should generally be filed in the chancery court of the county where the defendant resides. If the defendant is a non-resident of Mississippi or cannot be found, the complaint may be filed in the county where the petitioner resides.

Property Division

Mississippi is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally between the spouses. The landmark Mississippi Supreme Court case Ferguson v. Ferguson (1994) established the framework courts use to divide marital assets.

Marital vs. Separate Property

Before dividing property, the court must classify each asset as either marital or separate:

Marital property includes assets and debts acquired during the marriage through the joint efforts of both spouses, regardless of whose name is on the title.
Separate property includes assets owned before the marriage, inheritances received by one spouse, and gifts given specifically to one spouse. Separate property is generally not subject to division.

However, if separate property has been commingled with marital property or has increased in value due to the efforts of the non-owning spouse, it may be reclassified as marital property.

Factors Considered in Equitable Distribution

Mississippi courts consider a wide range of factors when dividing marital property, including:

The contribution of each spouse to the accumulation of marital assets (including homemaking and child-rearing)
The length of the marriage
The economic circumstances of each spouse at the time of division
The tax consequences of the distribution
Any dissipation or waste of marital assets by either spouse
The needs of each party, including the custodial parent's need to remain in the marital home
Each spouse's earning capacity and future financial prospects

Child Custody

When minor children are involved, Mississippi courts determine custody based on the best interests of the child standard. The court may award sole custody to one parent or joint custody (legal, physical, or both) to both parents.

Factors in Custody Determinations

Mississippi courts evaluate the Albright factors (from Albright v. Albright, 1983) when making custody decisions. These factors include:

The age, health, and sex of the child
The continuity of care and stability of the home environment
Each parent's willingness to nurture and care for the child
The moral fitness of each parent
The emotional bond between each parent and the child
Each parent's employment and financial stability
The child's preference (if the child is of sufficient age and maturity)
The quality of the child's home, school, and community environment

No single factor is determinative, and the court must weigh all relevant considerations in reaching its decision.

Child Support

Mississippi uses statutory guidelines based on the income shares model to calculate child support. The non-custodial parent is typically ordered to pay a percentage of their adjusted gross income, which varies based on the number of children. The court may deviate from the guidelines if applying them would be unjust or inappropriate given the circumstances.

Spousal Support (Alimony)

Mississippi courts may award spousal support (alimony) to either spouse depending on the circumstances. Alimony is not guaranteed and is typically considered when one spouse has a demonstrated financial need and the other has the ability to pay.

Types of Alimony

Periodic alimony – Ongoing payments made at regular intervals, usually modifiable based on changed circumstances.
Lump-sum alimony – A fixed amount paid in one installment or a series of installments, generally not modifiable.
Rehabilitative alimony – Temporary support designed to help a spouse become self-sufficient through education or job training.

Factors Considered

Courts evaluate factors such as:

The income and expenses of each spouse
The health and earning capacity of each party
The length of the marriage
The standard of living established during the marriage
The contribution of each spouse to the marriage (including homemaking)
Marital fault, where applicable
Tax consequences of an alimony award

Fault may play a significant role in alimony determinations. A spouse found to be at fault for the dissolution of the marriage may be barred from receiving alimony in some circumstances.

Filing Process

Here is a general step-by-step overview of how to file for divorce in Mississippi:

Step 1: Determine Eligibility

Confirm that you or your spouse meets the six-month residency requirement under Mississippi Code § 93-5-5.

Step 2: Identify Grounds

Decide whether you will pursue a no-fault divorce (irreconcilable differences) or a fault-based divorce. If irreconcilable differences, both spouses generally must consent.

Step 3: Prepare and File the Complaint

Draft a Complaint for Divorce and file it with the chancery clerk in the appropriate county. You will need to pay the filing fee at this time.

Step 4: Serve the Other Spouse

The defendant must be formally served with the divorce papers. This is typically done through a process server, sheriff, or by publication if the defendant cannot be located.

Step 5: Response

The defendant has 30 days to file an answer to the complaint. If no answer is filed, a default judgment may be entered.

Step 6: Negotiation or Trial

If the parties agree on all terms (property, custody, support), they may submit a property settlement agreement for the court's approval. If disputes remain, the case will proceed to trial before a chancellor.

Step 7: Final Judgment

Once all issues are resolved, the court enters a Final Judgment of Divorce, officially dissolving the marriage.

Timeline and Costs

Timeline

No-fault divorce (irreconcilable differences): There is a mandatory 60-day waiting period after filing before the divorce can be finalized. Uncontested cases may be resolved within two to three months.
Fault-based divorce: There is no mandatory waiting period, but these cases often take significantly longer due to the need for discovery, evidence gathering, and potentially a full trial. Contested fault-based divorces can take six months to over a year or more.

Costs

Filing fee: Approximately $50–$175, depending on the county (as of February 2026; verify with your local chancery clerk).
Attorney fees: Vary widely depending on the complexity of the case. Uncontested divorces may cost $1,000–$3,000, while contested cases can range from $5,000 to $20,000 or more.
Additional costs: Process server fees, mediation fees, expert witness fees, and court costs can all add to the total expense.

Conclusion

Divorce in Mississippi involves navigating a detailed set of legal requirements, from establishing residency and choosing the proper grounds to negotiating property division and custody arrangements. While uncontested no-fault divorces can be relatively straightforward, contested and fault-based cases demand careful legal strategy and thorough preparation.

Understanding the fundamentals outlined in this guide is an excellent starting point, but every divorce case is unique. Consulting with a qualified Mississippi family law attorney can help you protect your rights, advocate for your interests, and navigate the process as smoothly as possible.

Legal Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures are subject to change, and individual circumstances can significantly affect legal outcomes. You should consult a licensed Mississippi attorney for advice tailored to your specific situation. Filing fees, timelines, and procedural requirements may vary by county and should be verified with the appropriate chancery clerk's office.