If you live in Ellisville and are starting a divorce, your case runs through the Jones County Chancery Court 1st District, located inside the courthouse at 101 N. Court St., Suite D, Ellisville, MS 39437. Mississippi gives its Chancery Courts exclusive jurisdiction over divorce, so you will not file in municipal or circuit court. Ellisville is the seat of the county's 1st Judicial District, which means many residents file just blocks from the historic courthouse square downtown, while residents on the Laurel side of Jones County file in the 2nd District at 415 North 5th Avenue, Laurel. Knowing which of the county's two districts applies to you is the first practical decision, and the Chancery Clerk's office at 601-477-3307 will confirm it before you pay your filing fee.
Key Facts: Filing for Divorce in Ellisville
| Detail | Ellisville / Jones County (1st District) |
|---|---|
| County | Jones County, Mississippi |
| Filing court | Jones County Chancery Court, 1st Judicial District |
| Court address | 101 N. Court St., Suite D, P.O. Box 248, Ellisville, MS 39437 |
| Clerk phone | 601-477-3307 (Chancery Clerk Concetta Brooks) |
| Filing fee | $148-$160 (verify current rate, March 2026) |
| Residency requirement | 6 months in Mississippi (§ 93-5-5) |
| Waiting period | 60 days for irreconcilable-differences divorce |
| Property model | Equitable distribution (Ferguson factors) |
How do I file for divorce in Ellisville, Mississippi?
To file for divorce in Ellisville, you submit a Complaint for Divorce (or a Joint Complaint for a no-fault case) to the Jones County Chancery Clerk at 101 N. Court St., Suite D, and pay the $148-$160 filing fee. At least one spouse must have lived in Mississippi for six months under § 93-5-5. The clerk's office is open Monday through Friday, 8 a.m. to 5 p.m.
Mississippi recognizes both fault and no-fault divorce, and the path you choose changes the paperwork. A no-fault case under § 93-5-2 proceeds on irreconcilable differences, but Mississippi is one of only two states (with South Dakota) that does not allow a truly unilateral no-fault divorce. You need either a Joint Complaint signed by both spouses or your spouse's written waiver of process. If your spouse will not cooperate, you must instead allege one of the twelve fault grounds in § 93-5-1, such as habitual cruel and inhuman treatment, adultery, or one-year desertion. Because of this consent requirement, many Ellisville couples who agree to divorce file a single Joint Complaint, which avoids the cost and delay of formal service of process. If you pursue a contested fault divorce, you will also pay $30-$75 for a Jones County sheriff or process server to serve your spouse.
Where do I file for divorce in Ellisville? (which courthouse)
Ellisville residents file at the Jones County Chancery Court 1st Judicial District, 101 N. Court St., Suite D, Ellisville, MS 39437, phone 601-477-3307. Jones County is one of a handful of Mississippi counties split into two judicial districts, so the Laurel-area 2nd District at 415 North 5th Avenue is a separate filing location with its own clerk's office (601-428-0527).
The split-district structure matters because filing in the wrong district can delay your case. The 1st District courthouse sits at the center of downtown Ellisville near Jones County Junior College, and the Chancery Clerk maintains all divorce, custody, equitable-division, and property records for that district. Mississippi imposes no separate county residency requirement, so once you meet the six-month state rule under § 93-5-5, you may file in the county where either spouse resides. If you and your spouse live on opposite sides of Jones County, or one of you has moved to a neighboring county like Jasper, Wayne, or Covington, call the Ellisville clerk first to confirm venue. The clerk can also tell you whether your county requires extra publication fees ($65-$100) if your spouse cannot be located for service.
How much does a divorce lawyer cost in Ellisville?
A divorce lawyer in Ellisville typically charges $200-$350 per hour, with an uncontested Joint Complaint often handled as a flat fee of roughly $1,000-$2,500 plus the $148-$160 court filing fee. Contested cases involving custody, alimony, or significant property disputes commonly run $5,000-$15,000 or more, because each contested issue adds hearings, discovery, and trial time before the chancellor.
Your total cost depends heavily on whether your case is agreed or contested. An uncontested irreconcilable-differences divorce where both spouses sign a property and custody settlement is the least expensive route, since there is no trial and often no service of process. Add-on costs in a Jones County case include certified copies ($1-$2 per page), service of process ($30-$75), and any guardian ad litem fee if custody is contested. If you cannot afford the filing fee, Mississippi lets you file a Motion to Proceed In Forma Pauperis with a Pauper's Affidavit to request a waiver, available through the Mississippi Access to Justice Commission. To estimate your own situation, our divorce cost estimator breaks costs down by case type, and the alimony estimator models spousal-support exposure under Mississippi's Armstrong factors.
How long does a divorce take in Ellisville?
An uncontested divorce in Ellisville takes a minimum of 60 days, because § 93-5-2 requires an irreconcilable-differences complaint to stay on file for sixty days before a chancellor can hear it. In practice, agreed cases with a complete settlement usually finalize in 60-90 days, while contested fault divorces involving custody or property disputes can take 8-18 months to reach trial in the Jones County Chancery Court.
The 60-day clock starts when you file, not when you reach agreement, so couples who settle early often spend most of that window simply waiting. A no-fault case also cannot be granted until the court approves a written agreement resolving custody, child support, property division, and alimony under § 93-5-2. Contested cases take far longer because the chancellor must hold evidentiary hearings, and Jones County shares its chancellors across the Nineteenth Chancery District, so trial dates depend on the court's calendar. Custody disputes add the most time, since the court must weigh the Albright factors and may appoint a guardian ad litem to investigate. Our divorce timeline tool and the Mississippi-specific guides on our guides hub walk through each stage in detail.
What are the residency requirements to file in Jones County?
To file for divorce in Jones County, at least one spouse must have been an actual bona fide resident of Mississippi for the six months immediately before filing, under § 93-5-5. Mississippi courts strictly enforce this rule and will dismiss any case where residency was established only to obtain a divorce. There is no separate Jones County residency requirement.
This means a spouse who recently moved to Ellisville for the sole purpose of filing cannot satisfy the statute. The residency must be genuine and continuous for the full six months. Military families receive an exception: a service member stationed in Mississippi with their spouse is treated as a bona fide resident, provided the couple was residing together in the state at separation. Because Mississippi imposes no county-level residency rule, once the six-month state requirement is met you may file in any county where you or your spouse lives, which gives some Ellisville-area couples a choice between the 1st District here and another county where a spouse has relocated.
How is property divided in an Ellisville divorce?
Mississippi is an equitable-distribution state, so a chancellor in the Jones County Chancery Court divides marital property fairly, though not necessarily 50/50. Property division follows the eight Ferguson factors from Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), and only assets classified as marital property are divided. Separate property a spouse brought into the marriage is generally excluded.
The Ferguson factors weigh each spouse's contribution to acquiring property (including homemaking), the value of separate estates, tax consequences, and whether the division removes the need for alimony. Mississippi addresses property first and considers alimony only afterward, so if equitable distribution leaves both spouses financially provided for, spousal support is less likely. Marital fault, such as adultery, can be a minor factor. For child-related matters, custody is decided under the best-interest standard and the Albright v. Albright, 437 So. 2d 1003 (Miss. 1983) factors, and when both parents request joint custody, § 93-5-24 creates a presumption that joint custody serves the child's best interest. To estimate support obligations, use our child support calculator, and review the parent jurisdiction overview on the Mississippi divorce page and the Jones County page for county-wide attorney coverage.
A note on 2026 law changes
As of early 2026, Mississippi still does not allow a truly unilateral no-fault divorce. Senate Bill 2029, introduced in January 2026, would add a thirteenth ground, irretrievable breakdown of the marriage, that either spouse could invoke alone, mirroring an earlier SB 2081 effort. That bill had not been enacted at publication, so the consent-based irreconcilable-differences path remains the only no-fault route. Confirm current status with the Chancery Clerk or an Ellisville attorney before relying on it.