Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Mississippi Divorce Law
Answer: How Long Does Divorce Take in Mississippi?
An uncontested, no-fault divorce in Mississippi takes a minimum of 60 days due to the state's mandatory waiting period, but most finalize within two to three months. Contested and fault-based divorces take significantly longer, often between 8 and 36 months depending on the complexity of the issues, court scheduling, and whether the case goes to trial.
Overview of the Mississippi Divorce Process
Mississippi handles all divorce cases through its Chancery Courts. The divorce duration in your case depends primarily on whether you pursue a no-fault (irreconcilable differences) divorce or a fault-based divorce, and whether the case is contested or uncontested. Understanding how long does divorce take Mississippi requires an appreciation of several procedural steps, each of which carries its own timeline.
Mississippi is one of only two states in the nation (along with South Dakota) that does not offer true unilateral no-fault divorce. Under current Mississippi law, a no-fault divorce on the ground of irreconcilable differences requires either a joint complaint by both spouses, personal service of the complaint upon the defendant spouse, or the defendant spouse's written waiver of process (Miss. Code Ann. Section 93-5-2(1)). If one spouse wants a divorce and the other refuses to cooperate, the filing spouse must establish one of the twelve statutory fault-based grounds under Miss. Code Ann. Section 93-5-1.
Note on Potential Legislative Changes: In January 2026, Mississippi Senate Bill 2029 was introduced proposing to add a thirteenth ground for divorce: "irretrievable breakdown of the marriage." This bill would allow either party to seek a divorce unilaterally when reconciliation is impractical or futile. As of the date of this publication, this bill has not been enacted. Similar reform efforts have been attempted repeatedly over the past 20 years without success. Readers should monitor Mississippi legislative updates for any changes to the law.
Residency Requirements Before You Can File
Before you can file a divorce complaint in Mississippi, you must satisfy the state's residency requirement. Under Miss. Code Ann. Section 93-5-5, at least one spouse must have been a bona fide resident of Mississippi for a minimum of six months immediately preceding the filing. Members of the armed services stationed in Mississippi who reside in the state with their spouse are also considered bona fide residents.
There is one critical limitation: if the court finds that a party established residency in Mississippi solely for the purpose of obtaining a divorce, the court will dismiss the case at the filing party's expense (Miss. Code Ann. Section 93-5-5(b)). This is an important consideration that can affect your divorce timeline before the process even begins.
Key residency points:
- At least one spouse must have lived in Mississippi for six continuous months before filing
- Military members stationed in Mississippi qualify as bona fide residents
- Residency obtained solely to secure a divorce will result in case dismissal
- If one party is not a Mississippi resident, the complaint must be filed in the county where the resident party lives
The 60-Day Mandatory Waiting Period
One of the most commonly asked questions about how long does divorce take Mississippi is related to the waiting period. Under Miss. Code Ann. Section 93-5-2(4), a complaint for divorce on the ground of irreconcilable differences must have been on file for at least 60 days before the court may hear the case. This 60-day waiting period begins from the date the divorce petition is actually filed with the Chancery Court clerk, not from the date the parties separated or agreed to divorce.
This waiting period cannot be waived or shortened by the court, even if both parties are in full agreement on every issue. The purpose is to provide time for reflection and potential reconciliation before the divorce is finalized.
For fault-based divorces, there is no statutory waiting period. However, the responding spouse must be given at least 30 days to file an answer after being served, and the responding spouse must also receive at least 30 days advance notice of any hearing. As a practical matter, this means a fault-based divorce will still require several months to resolve at minimum.
Typical Divorce Timelines by Case Type
The following timelines are general estimates. Actual divorce duration depends on the specific facts of your case, court scheduling in your county, and how cooperative the parties are.
Uncontested No-Fault Divorce (Fastest Divorce Option)
- Minimum timeline: 60 days from filing
- Typical timeline: 2 to 3 months (approximately 60 to 90 days)
- Requires: Both spouses agree to the divorce and have a written settlement agreement covering property division, child custody, child support, and alimony
- After the 60-day waiting period passes, many uncontested cases can be finalized on paperwork alone without the spouses needing to appear for a hearing
Uncontested Divorce Requiring Negotiation
- Typical timeline: 4 to 8 months
- Both parties agree to the irreconcilable differences ground but need time to negotiate terms of a settlement agreement
- If parties consent in writing, the court may decide contested issues (such as custody or property division) for them under the irreconcilable differences framework
Contested Fault-Based Divorce (Settles Before Trial)
- Typical timeline: 8 to 18 months
- Involves filing on fault grounds, discovery, depositions, and negotiation
- Most contested cases settle before trial through negotiation or mediation
Contested Divorce With Trial
- Typical timeline: 12 to 36 months or more
- Requires full litigation including discovery, motions, expert witnesses, and a trial before the Chancellor
- Cases involving complex property (businesses, retirement accounts, real estate), high-conflict custody disputes, or the need for forensic accountants or custody evaluators tend to last the longest
Grounds for Divorce in Mississippi
Your choice of divorce grounds directly affects how long does divorce take Mississippi. A no-fault filing is almost always faster, while fault-based grounds require proof and typically lead to more contentious, time-consuming proceedings.
No-Fault Ground
Mississippi recognizes one no-fault ground: irreconcilable differences (Miss. Code Ann. Section 93-5-2). Both spouses must agree to this ground, or the non-filing spouse must default after being served. If you file for irreconcilable differences and your spouse contests it, you cannot proceed on this ground without their agreement and may need to amend your complaint to allege fault.
Fault-Based Grounds
Mississippi recognizes twelve fault-based grounds for divorce under Miss. Code Ann. Section 93-5-1:
- Natural impotency
- Adultery (unless condoned or colluded)
- Sentence to any penitentiary and not pardoned before being sent there
- Willful, continued, and obstinate desertion for at least one year
- Habitual drunkenness
- Habitual and excessive use of opium, morphine, or other similar drugs
- Habitual cruel and inhuman treatment (the most commonly cited fault ground)
- Insanity or idiocy at the time of marriage, unknown to the other party
- Bigamy
- Pregnancy of the wife by another person at the time of marriage, unknown to the husband
- Kinship within prohibited degrees
- Incurable mental illness developing after marriage (requires three years of institutional confinement and certification by two physicians)
For any fault-based ground, the filing spouse must submit an affidavit confirming that the complaint is not filed by collusion and that the stated grounds are true.
Filing Fees and Court Costs
Filing fees for divorce in Mississippi are set by the Chancery Courts and are relatively moderate compared to other states. As of February 2026, the standard filing fees are approximately:
- Uncontested (no-fault) divorce: $148
- Contested (fault-based) divorce: $158
As of February 2026. Verify with your local clerk. Filing fees may vary slightly from county to county. Additional costs may include:
- Service of process fees (sheriff or process server)
- Publication fees (approximately $65 if a spouse cannot be located)
- Certified copy fees
- Notary fees
If you cannot afford the filing fee, you may file a Motion to Proceed In Forma Pauperis with the court, along with a Pauper's Affidavit, requesting a fee waiver based on financial hardship.
Total divorce costs in Mississippi can range widely:
- Simple uncontested DIY divorce: approximately $200 to $1,500 in total costs
- Uncontested divorce with attorney: approximately $2,000 to $5,000
- Contested divorce with attorney: approximately $5,000 to $20,000 or more
Attorney hourly rates in Mississippi generally range from $200 to $500 depending on location, experience, and case complexity.
Step-by-Step Divorce Process in Mississippi
Understanding each step helps you anticipate how long does divorce take Mississippi for your specific situation.
Step 1: Meet Residency Requirements
Confirm that you or your spouse have been bona fide Mississippi residents for at least six months.
Step 2: Prepare and File Divorce Papers
Prepare your Complaint for Divorce (or Joint Complaint for irreconcilable differences) along with all required supporting documents. Common documents include:
- Bill of Complaint for Divorce or Joint Complaint for Absolute Divorce
- Property Settlement Agreement (for uncontested cases)
- Financial Statements with supporting documentation (pay stubs, tax returns)
- Affidavit of Non-Collusion (required for fault-based filings)
- Certificate of Compliance
File your papers with the Chancery Court Clerk in the appropriate county. For no-fault divorces, you may file in either spouse's county of residence. For fault-based divorces, you generally must file in the county where the defendant resides unless the defendant is a non-resident.
Step 3: Serve Your Spouse
In a Joint Complaint for irreconcilable differences, service is not required since both spouses file together. Otherwise, the filing spouse must serve divorce papers on the other party. Under Mississippi Rules of Civil Procedure Section 4(h), you have 120 days to accomplish service. Methods of service include:
- Sheriff or deputy sheriff
- Professional process server
- Certified mail
- Any adult who is not a party to the action
Alternatively, the non-filing spouse may sign a written waiver of process.
Step 4: Wait for Response (Fault-Based Cases)
In a contested divorce, the defendant has 30 days to file an answer to the complaint. The defendant may admit or deny the allegations and may file a counterclaim.
Step 5: Negotiate Settlement or Proceed to Discovery and Trial
For uncontested cases, the parties finalize their Property Settlement Agreement, which must address property division, spousal support, child custody, and child support. For contested cases, the parties engage in discovery (document requests, depositions, interrogatories), potentially attend mediation, and attempt to negotiate a settlement. If settlement fails, the case proceeds to trial before the Chancery Court Chancellor.
Step 6: Waiting Period Expires and Final Hearing
For irreconcilable differences divorces, the court cannot act until the 60-day waiting period has passed. In many uncontested cases, no formal hearing is required, and the judge reviews the submitted paperwork and settlement agreement to finalize the divorce. For contested cases, the court schedules a hearing or trial after the discovery process concludes.
Step 7: Final Judgment of Divorce
Once the court is satisfied that all legal requirements have been met and all issues are resolved, the Chancellor issues a Final Judgment of Divorce. This judgment legally ends the marriage and incorporates the terms of property division, custody, support, and any other orders.
Property Division in Mississippi
Mississippi is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally (Miss. Code Ann. Section 93-5-23). The landmark case Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), established the framework Mississippi courts use for property division.
The court first classifies all property as marital or separate. Marital property includes assets acquired during the marriage. Separate property includes assets owned before marriage, inheritances, and gifts received by one spouse individually. Only marital property is subject to equitable distribution.
The Ferguson factors the court considers include:
- Substantial contributions to property accumulation, including indirect economic contributions, contributions to family stability, and contributions to the education and training of the wage-earning spouse
- The degree to which each spouse has expended, withdrawn, or otherwise disposed of marital assets
- The market value and emotional or sentimental value of assets
- The value of each spouse's separate property or estate
- Tax consequences and legal consequences or obligations to third parties
- The extent to which property division may eliminate the need for alimony
- The needs of each spouse for financial security
- Any other factor which in equity should be considered
Marital fault may be considered as a minor factor in property division, but it is not the primary driver.
Child Custody Considerations
When minor children are involved, custody decisions can significantly extend the divorce timeline. Mississippi recognizes two types of custody under Miss. Code Ann. Section 93-5-24:
- Legal custody: The right to make major decisions about the child's upbringing, including education, healthcare, and religion
- Physical custody: Where the child lives and the day-to-day parenting schedule
The court decides custody based on the best interests of the child. There is no presumption in favor of maternal or paternal custody. Joint custody is available and is increasingly common. If parents cannot agree on a custody arrangement, the court will hold a hearing, possibly appoint a guardian ad litem, and may order custody evaluations, all of which add time to the divorce process.
Alimony (Spousal Support)
Mississippi courts may award alimony as part of the divorce judgment under Miss. Code Ann. Section 93-5-23. There are two primary types:
- Lump-sum alimony: A one-time, non-modifiable payment that allows both parties to sever financial ties completely
- Periodic alimony: Regular (usually monthly) payments that may be modified if circumstances change and that terminate upon the recipient's death, remarriage, or cohabitation with a new partner
Alimony determinations consider the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, and each party's financial needs. Complex alimony disputes can extend the divorce duration considerably.
How to Speed Up Your Mississippi Divorce
If you want the fastest divorce possible in Mississippi, consider these strategies:
- File on irreconcilable differences grounds with a complete settlement agreement at the time of filing
- Ensure all paperwork is correctly completed to avoid rejection or delays
- Organize financial documents (bank statements, pay stubs, tax returns) before filing
- Use a joint complaint to eliminate the need for service of process
- Agree on all issues, including property, custody, and support, before filing
- Be responsive to court requests and deadlines
The absolute fastest divorce in Mississippi takes 60 days from the date of filing an irreconcilable differences complaint with a complete settlement agreement. Realistically, even the most cooperative cases typically take approximately 90 days from start to finish.
Frequently Asked Questions
FAQ 1: What is the fastest you can get divorced in Mississippi?
The fastest divorce in Mississippi is 60 days from the date of filing. This applies only to an uncontested no-fault divorce on the ground of irreconcilable differences where both parties agree to all terms and have submitted a complete Property Settlement Agreement. After the mandatory 60-day waiting period under Miss. Code Ann. Section 93-5-2(4), the court can review and approve the divorce. In practice, most uncontested cases take approximately 60 to 90 days once everything is filed.
FAQ 2: Is there a waiting period for fault-based divorce in Mississippi?
No. Mississippi does not impose a mandatory waiting period for fault-based divorces. However, the defendant spouse must be served and given at least 30 days to file a response. The defendant must also receive 30 days advance notice before any hearing. Combined with the time needed for discovery, negotiation, and court scheduling, fault-based divorces typically take several months to over a year.
FAQ 3: Can I file for divorce in Mississippi if my spouse lives in another state?
Yes, as long as you meet the six-month residency requirement under Miss. Code Ann. Section 93-5-5. If your spouse is a non-resident, you must file in the county where you reside. You will still need to serve your spouse with the divorce complaint, which may take additional time if they are in another state. Service on an out-of-state spouse must comply with applicable rules and may require publication if the spouse cannot be located.
FAQ 4: How much does it cost to file for divorce in Mississippi?
The standard filing fee is approximately $148 for an uncontested divorce and $158 for a contested divorce. As of February 2026. Verify with your local clerk. Fees may vary slightly by county. Additional costs may include service of process fees, publication fees, notary fees, and certified copy fees. If you hire an attorney, legal fees can range from approximately $1,000 to $5,000 for an uncontested case and $5,000 to $15,000 or more for a contested case.
FAQ 5: Does Mississippi recognize legal separation?
No. Mississippi does not have a formal legal separation process. However, the courts can issue a separate maintenance order if spouses separate, which addresses financial support obligations during the period of separation. Spouses do not need to be legally separated or living apart before filing for divorce in Mississippi.
FAQ 6: What if my spouse refuses to agree to a no-fault divorce?
This is a significant issue unique to Mississippi. Since the irreconcilable differences ground requires agreement from both spouses (or default by the non-filing spouse), one spouse can effectively block a no-fault divorce by refusing to cooperate. If your spouse will not agree, your options are to file on one of the twelve fault-based grounds under Miss. Code Ann. Section 93-5-1, which requires you to prove the alleged ground by a preponderance of the evidence (or clear and convincing evidence for some grounds). This situation almost always extends the divorce timeline significantly.
FAQ 7: How is property divided in a Mississippi divorce?
Mississippi is an equitable distribution state under Miss. Code Ann. Section 93-5-23. The court divides marital property fairly but not necessarily equally. The framework established in Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), requires the court to classify assets as marital or separate, value all marital assets, and divide them according to the Ferguson factors, which include each spouse's contributions, the value of separate property, tax consequences, and each party's financial needs. Separate property (assets owned before marriage, inheritances, and individual gifts) generally remains with the owning spouse.
FAQ 8: Can I get a divorce in Mississippi without a lawyer?
Yes. You can represent yourself (pro se) in a Mississippi divorce. This is most practical in uncontested, no-fault cases where both parties agree on all terms. The Mississippi Access to Justice Commission may have self-help resources and forms available. However, if your case involves contested issues such as property division, child custody, or spousal support, it is strongly advisable to consult with an experienced family law attorney to protect your rights.
FAQ 9: What happens to child custody and support in a Mississippi divorce?
Child custody is determined based on the best interests of the child under Miss. Code Ann. Section 93-5-24. There is no presumption favoring either parent. The court considers factors such as the child's age, each parent's home environment, moral fitness, emotional ties, and the willingness of each parent to support the child's relationship with the other parent. Child support is calculated using the Mississippi Child Support Guidelines, which are based primarily on the non-custodial parent's gross income.
FAQ 10: Are there any recent changes to Mississippi divorce law I should know about?
As of February 2026, Mississippi's core divorce statutes have not undergone major statutory changes. However, Senate Bill 2029 (introduced January 2026) proposes adding a thirteenth ground for divorce, allowing either party to seek a divorce based on "irretrievable breakdown of the marriage" without the other spouse's agreement. Similar legislation has been introduced repeatedly over the past two decades but has not yet passed. If enacted, this would fundamentally change how long does divorce take Mississippi by potentially streamlining the process for spouses who cannot obtain their partner's cooperation for a no-fault divorce. Monitor the Mississippi Legislature's website at https://billstatus.ls.state.ms.us for updates.
Important Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Mississippi divorce laws are subject to change through new legislation, court rulings, and other means. Filing fees, court procedures, and local rules may vary by county. Always consult a licensed Mississippi attorney for advice specific to your situation. The author, Antonio G. Jimenez, Esq., is a member of the Florida Bar (No. 21022) covering Mississippi divorce law topics and is not licensed to practice law in Mississippi.