Divorce Laws in Mississippi: Complete 2026 Guide

Mississippi provides both fault-based and no-fault pathways to 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: (1) natural impotency; (2) adultery (unless committed by collusion or the parties cohabited after knowledge of the adultery); (3) being sentenced to a penitentiary and not pardoned before being sent there; (4) willful, continued, and obstinate desertion for at least one year; (5) habitual drunkenness; (6) habitual and excessive use of opium, morphine, or similar drugs; (7) habitual cruel and inhuman treatment, including spousal domestic abuse; (8) mental illness or intellectual disability at the time of marriage if unknown to the complaining party; (9) marriage to another person at the time of the purported marriage (bigamy); (10) the wife being pregnant by another person at the time of the marriage, unknown to the husband; (11) the parties being related within prohibited degrees of kindred; and (12) incurable mental illness, provided the afflicted spouse has been institutionalized for at least three years. The no-fault ground for divorce in Mississippi is irreconcilable differences, governed by Mississippi Code § 93-5-2. A no-fault divorce may be granted upon a joint complaint by both spouses or upon a complaint where the defendant has been personally served or has entered an appearance by written waiver of process. Both parties must essentially consent to the no-fault divorce. If one spouse contests or denies the existence of irreconcilable differences, the no-fault divorce generally cannot proceed unless the contest or denial is withdrawn. Irreconcilable differences may also be asserted as an alternate ground alongside a fault-based ground. For fault-based divorces, the filing spouse (plaintiff) bears the burden of proving the alleged ground at trial if the other spouse contests the allegations. Habitual cruel and inhuman treatment is the most commonly alleged fault ground, defined as conduct that endangers life, limb, or health, or creates a reasonable apprehension of such danger. In 2017, the Mississippi Legislature amended this ground to expressly include spousal domestic abuse. The choice between fault and no-fault grounds can significantly impact the divorce process and its outcomes, particularly regarding alimony and property division, as marital fault is a factor courts consider in both areas. Importantly, Mississippi Code § 93-5-3 provides that a court is not required to deny a divorce merely because of recrimination—meaning that both spouses may have been at fault. Additionally, under § 93-5-4, the offended spouse's failure to leave the marital home or separate from the offending spouse is not an impediment to obtaining a divorce.

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 commencement of the divorce action. This residency requirement applies to both fault-based and no-fault divorces. If a member of the United States armed forces is stationed in Mississippi and residing in the state with his or her spouse, both the servicemember and the spouse are considered bona fide residents for divorce filing purposes, provided they were residing in the state at the time of separation. Mississippi law takes residency requirements seriously. Under § 93-5-5(b), if the court finds that a party acquired residence in Mississippi for the sole purpose of securing a divorce, the court will not take jurisdiction and will dismiss the complaint at the cost of the filing party. This anti-forum-shopping provision ensures that the residency requirement reflects genuine ties to the state rather than a strategic maneuver. Venue requirements also apply in Mississippi. For complaints based solely on irreconcilable differences, the action may be filed in the county of residence of either party when both are Mississippi residents. If one party is not a Mississippi resident, the complaint must be filed in the county where the resident party lives. For all other grounds (fault-based), complaints must be filed in the county where the plaintiff resides if the defendant is a nonresident or cannot be found. If the defendant is a resident of the state, the complaint may be filed in the county where the defendant resides or can be found, or in the county where the parties resided at the time of separation if the plaintiff still lives there (Miss. Code § 93-5-11). There is no separate county residency requirement in Mississippi—only the six-month state residency must be met. However, proper venue selection is important to avoid having the case transferred or dismissed. Consumers should verify their eligibility with an attorney before filing.

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, 639 So.2d 921 (Miss. 1994), established the framework for equitable distribution in the state. Under this framework, the court first classifies property as marital or separate, then values the marital property, and finally divides it equitably based on the specific factors outlined in the Ferguson decision. Marital property generally includes all assets and debts acquired or accumulated during the course of the marriage through the joint contributions and efforts of both parties, whether those contributions were economic, domestic, or otherwise. Separate property—assets owned before the marriage, received by inheritance, or received as gifts from third parties—is generally not subject to division. However, separate property can become marital property if it is commingled with marital assets, such as depositing an inheritance into a joint bank account. Mississippi courts presume property acquired during the marriage to be marital, and there is a presumption that both spouses' contributions are of equal value. The Ferguson factors that courts consider when dividing marital property include: (1) each spouse's substantial contribution to the accumulation of the property, including direct or indirect economic contributions and contributions to family stability and harmony; (2) the degree to which each spouse expended, withdrew, or otherwise disposed of marital assets; (3) the market value and emotional value of the assets; (4) the value of separate property not ordinarily subject to division; (5) tax and other economic consequences of the proposed distribution; (6) the extent to which property division may eliminate future periodic payments and sources of friction; (7) the needs of the parties for financial security, considering their combined assets, income, and earning capacity; and (8) any other factor that in equity should be considered. After dividing marital property, the court determines whether alimony is necessary to address any remaining financial imbalance. Property division and alimony are considered together to achieve an overall fair result. Retirement accounts and pensions accumulated during the marriage may be divided using a Qualified Domestic Relations Order (QDRO). Marital fault, while not the primary driver, may be considered in property division decisions, particularly if one spouse engaged in wasteful dissipation of marital assets.

Alimony (spousal support) is available in Mississippi and may be awarded to either spouse regardless of gender. The Mississippi Supreme Court established the framework for alimony awards in Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993), which set forth twelve factors courts must consider. Mississippi does not have a statutory formula or calculator for determining alimony; instead, each case is decided based on its unique facts and circumstances. The primary considerations are the need of the requesting spouse and the ability of the other spouse to pay. The Armstrong factors include: (1) the income and expenses of each party; (2) the health and earning capacities of the parties; (3) the needs of each party; (4) the obligations and assets of each party; (5) the length of the marriage; (6) the presence or absence of minor children in the home; (7) the age of the parties; (8) the standard of living of the parties during the marriage and at the time of the support determination; (9) the tax consequences of the spousal support order; (10) fault or misconduct; (11) wasteful dissipation of assets by either spouse; and (12) any other factor deemed by the court to be just and equitable. Fault is one of the twelve factors but is not the primary consideration—courts do not use alimony as punishment. Mississippi courts recognize several types of alimony: (1) periodic alimony, consisting of regular payments (usually monthly) for a set period or until a triggering event such as remarriage or death; (2) lump-sum alimony, a one-time fixed payment that cannot be modified; (3) rehabilitative alimony, designed to support a spouse while they obtain education, training, or employment to become self-sufficient; (4) reimbursement alimony, awarded when one spouse supported the other through professional or graduate school; and (5) temporary alimony (pendente lite), awarded during the pendency of the divorce proceeding. Rehabilitative alimony has become the most common form awarded in modern Mississippi divorces. Alimony is typically considered only after the equitable distribution of marital property. If the property division adequately provides for both spouses' financial needs, alimony is less likely to be awarded. Periodic alimony may be modified upon a showing of changed circumstances, such as a significant change in either party's income or health. Lump-sum alimony, once awarded, cannot be modified. Permanent alimony is becoming rarer but may still be awarded in long-term marriages (typically 20+ years) with a significant income disparity and limited prospects for the lower-earning spouse to become self-supporting.

In Mississippi, child custody determinations are governed by the paramount standard of the best interest of the child. The landmark Mississippi Supreme Court case Albright v. Albright, 437 So.2d 1003 (Miss. 1983), established a comprehensive set of factors—known as the Albright factors—that chancellors must consider when making custody decisions. Mississippi law recognizes both legal custody (the right to make major decisions about the child's upbringing) and physical custody (where the child resides on a day-to-day basis). Courts may award sole custody to one parent or joint custody to both parents. The Albright factors include: the age, health, and sex of the child; which parent had continuity of care prior to the separation; which parent has the best parenting skills and willingness to provide primary child care; the employment of each parent and the responsibilities of that employment; each parent's physical and mental health; the emotional ties between parent and child; the moral fitness of each parent; the home, school, and community record of the child; the preference of the child (if the child is of sufficient age, typically 12 or older); the stability of the home environment; and any other relevant factor pertaining to the parent-child relationship. No single factor is intended to outweigh others, though in certain cases one factor may be so significant as to be dispositive. Under Mississippi Code § 93-5-24, there is no presumption in favor of maternal custody, effectively eliminating the old 'tender years' doctrine for children over age five. Both parents are considered the joint natural guardians of their minor children and have equal rights regarding custody (Miss. Code § 93-13-1). If both parents request joint custody, there is a presumption that joint custody is in the child's best interest. Conversely, if a parent has a history of domestic violence against the other parent or a household member—defined as one incident causing serious bodily injury or a pattern of repeated incidents—the court must presume it would not be in the child's best interest for that parent to have sole or joint custody. Mississippi encourages parents to agree on custody and visitation arrangements. If parents cannot reach an agreement, the court may order mediation before proceeding to trial. Noncustodial parents are generally entitled to liberal visitation rights, which the Mississippi Supreme Court has defined as including approximately two weekends per month and at least five weeks of summer visitation. Custody orders can be modified if there is a material change in circumstances that adversely affects the child's welfare, and the modification serves the child's best interests based on the Albright factors.

The first step in filing for divorce in Mississippi is ensuring that the residency requirement is met—at least one spouse must have been a bona fide resident of Mississippi for six months immediately prior to filing. The filing spouse (plaintiff) must then prepare and file a Complaint for Divorce (also called a Bill of Complaint) with the Chancery Court Clerk in the appropriate county. For no-fault divorces, a Joint Complaint for Absolute Divorce may be filed by both parties together. The complaint must state the grounds for divorce, identify the parties, and address issues such as property division, custody, and support. In fault-based cases, the complaint must be accompanied by an affidavit swearing that it is not filed by collusion and that the stated grounds are true. After the complaint is filed with the Chancery Court Clerk and the filing fee is paid (typically around $50–$175 depending on the county), the next step is to serve the divorce papers on the other spouse. Service may be accomplished through personal service by a sheriff or process server, by certified mail, or in no-fault cases, the parties may sign a joint agreement waiving formal service. Proof of service must be filed with the court. If the defendant cannot be located, service by publication may be required at an additional cost (approximately $65 for publishing the complaint). The defendant generally has 30 days after service to file a response. Once the case is filed and the defendant is served, the discovery process begins, during which both parties must provide full financial disclosure of their assets, debts, income, and expenses. If the parties cannot agree on all issues, the court may order mediation to attempt resolution before trial. Mississippi encourages mediation as a less adversarial means of resolving disputes. If mediation fails, the case proceeds to trial, where the chancellor hears evidence and makes determinations on all contested issues. For uncontested no-fault divorces where the parties agree on all terms, a property settlement agreement (and parenting plan if children are involved) is submitted to the court for approval. After the mandatory 60-day waiting period, the court may enter a final judgment of divorce without a full hearing. For contested cases, the timeline depends on the complexity of the issues, the court's schedule, and the parties' willingness to cooperate. Consumers who cannot afford the filing fee may file a Motion to Proceed in Forma Pauperis along with a Pauper's Affidavit to request a fee waiver. In Mississippi, divorce cases are heard exclusively by the Chancery Courts, which have original jurisdiction over all family law matters including divorce, child custody, child support, alimony, property division, and adoption. Mississippi has 20 Chancery Court districts, each presided over by one or more chancellors who are elected officials. Chancery Courts sit as courts of equity, meaning chancellors have broad discretion to fashion remedies that are fair and just based on the specific circumstances of each case. The Mississippi Court of Appeals serves as the intermediate appellate court for chancery court decisions. If a party is dissatisfied with the chancellor's ruling in a divorce case, they may appeal to the Court of Appeals. The Court of Appeals reviews the chancellor's findings of fact under a deferential standard, reversing only if the findings are manifestly wrong or clearly erroneous, or if the chancellor abused his or her discretion. The Mississippi Supreme Court is the state's highest court and may hear further appeals from Court of Appeals decisions, typically through discretionary review (certiorari). Divorce proceedings in Mississippi are conducted similarly to other chancery cases, with some exceptions outlined in Mississippi Code § 93-5-7. Notably, the defendant is not required to answer under oath, no default judgment may be granted in fault-based cases (the plaintiff must still prove their case), and admissions in the answer are not taken as evidence. However, no-fault divorces on the ground of irreconcilable differences may be granted on the pleadings alone without testimony if the parties agree on all issues. Chancery courts also have the authority to issue temporary orders for child custody, support, and use of the marital home while the divorce is pending, providing stability during the process.

Mississippi has a mandatory 60-day waiting period for no-fault divorces based on irreconcilable differences. Under Mississippi Code § 93-5-2(4), complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard by the court. This waiting period begins on the date the complaint is filed with the Chancery Court, not on the date of separation or service on the other spouse. Even if both parties fully agree on all terms, the court cannot finalize the divorce until this 60-day period has elapsed. For fault-based divorces, Mississippi does not impose a specific mandatory waiting period. However, the defendant generally has 30 days to file an answer to the complaint after being served. If the case is contested, additional time will be required for discovery, mediation, and potentially trial, which can extend the timeline to several months or even over a year. If the defendant fails to respond to the complaint, the court may enter a default judgment, though proof of the fault-based ground must still be established. Mississippi does not require a mandatory separation period before filing for either a fault-based or no-fault divorce. Unlike some states that require spouses to live apart for a year or more before filing, Mississippi allows a spouse to file for divorce without any prior period of physical separation. However, for a no-fault divorce based on irreconcilable differences, both parties must consent, and if they cannot agree on all issues (custody, support, property), they may either consent to let the court decide the unresolved issues or the case may not proceed on no-fault grounds. In practice, uncontested no-fault divorces in Mississippi can be finalized in as little as 60 to 90 days from filing, while contested cases may take six months to over a year.