MISSISSIPPI DIVORCE GUIDE

How to File for Divorce in Mississippi
Without a Lawyer

Filing for divorce in Mississippi without an attorney costs $50-$150 in court fees. You must meet the residency requirement of 6 months in Mississippi. Mississippi is a equitable distribution state with a 60 days waiting period. An uncontested divorce typically takes 2-3 months. Victoria AI guides you through every step with Mississippi-specific instructions.

$50-$150
Filing Fee
60 days
Waiting Period
6 months in Mississippi
Residency
2-3 months
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

Mississippi Divorce Requirements at a Glance

Filing Fee$50-$150 (Filing fees are among the lowest in the country, typically $50-$150 depending on the county. Hinds County (Jackson): $125.)
Residency Requirement6 months in Mississippi
Waiting Period60 days
Property DivisionEquitable Distribution (fair, not equal)
Grounds for DivorceIrreconcilable differences (no-fault, requires consent), Adultery, Desertion, Habitual drunkenness, Drug addiction, Habitual cruel and inhuman treatment, Mental incapacity, Bigamy, Pregnancy by another at marriage, Incest, Incurable insanity, Natural impotency
No-Fault Only?No (fault grounds available)
Uncontested Timeline2-3 months
Contested Timeline6 months to 2+ years
Fee Waiver Available?Yes
~12,000
Divorces per year in Mississippi
~55%
Pro se filers
3-4 months (uncontested)
Average duration
$100
Median filing fee

Mississippi Residency Requirements

To file for divorce in Mississippi, you must meet the following residency requirement: 6 months in Mississippi.

At least one spouse must have been a bona fide resident of Mississippi for at least 6 months before filing for divorce.

Tip: Victoria AI can help you determine if you meet Mississippi's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in Mississippi: Step-by-Step

Follow these steps to file for divorce in Mississippi without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been a bona fide resident of Mississippi for at least 6 months before filing for divorce.

STEP 2

Gather Required Forms

Download the official Mississippi divorce forms: Complaint for Divorce, Summons, Financial Declaration. All forms are available from the Mississippi courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (Varies by county) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the Mississippi court and pay the filing fee of $50-$150. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to Mississippi rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by Mississippi law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

Mississippi has a 60-day waiting period from the date of filing for no-fault divorces. Fault-based divorces may proceed faster if grounds are proven.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in Mississippi, this typically takes 2-3 months. The court will issue your final divorce decree.

Required Forms for Mississippi Divorce

These are the primary forms you'll need to file for divorce in Mississippi. Victoria AI guides you through completing each form correctly.

Complaint for Divorce

Varies by county

Initiates divorce

Summons

Court form

Notifies spouse

Financial Declaration

Required in contested

Financial disclosure

Final Judgment of Divorce

Court form

Final judgment

Mississippi Divorce Costs & Filing Fees

The filing fee to start a divorce in Mississippi is $50-$150. Filing fees are among the lowest in the country, typically $50-$150 depending on the county. Hinds County (Jackson): $125.

Cost TypeAmount
Court Filing Fee$50-$150
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY Uncontested$150-$800 (uncontested DIY)

Fee Waiver Available in Mississippi

If you cannot afford the filing fee, Mississippi offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in Mississippi

After filing your divorce petition in Mississippi, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in Mississippi

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Mississippi courts are strict about service requirements.

Property Division in Mississippi

Equitable Distribution State

Mississippi is a equitable distribution state.

Mississippi uses equitable distribution, dividing marital property fairly. The court considers factors including each spouse's contribution to accumulation of property, and may consider marital misconduct.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Mississippi law applies to your specific property.

Child Support in Mississippi

Mississippi uses the Percentage of income model.

Mississippi uses a percentage of adjusted gross income: 14% for one child, 20% for two, 22% for three, 24% for four, 26% for five or more. The guidelines are simpler than many states.

Spousal Support Factors in Mississippi

  • Income and expenses
  • Health and earning capacity
  • Standard of living
  • Duration of marriage
  • Tax consequences
  • Fault in causing divorce

Mississippi Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your Mississippi divorce.

Uncontested Divorce

2-3 months

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

6 months to 2+ years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical Mississippi Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the $50-$150 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

60 days - Mississippi has a 60-day waiting period from the date of filing for no-fault divorces. Fault-based divorces may proceed faster if grounds are proven.

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes Mississippi Divorce Unique

No-fault requires both parties' consent

Many fault grounds available

Among lowest filing fees in U.S.

Simpler percentage-based child support

Fault can affect alimony and property division

Key Mississippi Divorce Laws

  • Miss. Code Ann. §93-5-1Grounds for Divorce
  • Miss. Code Ann. §93-5-23Equitable Distribution
  • Miss. Code Ann. §43-19-101Child Support Guidelines

Mississippi Divorce FAQ

Common questions about filing for divorce in Mississippi without an attorney.

Victoria AI Knows Mississippi Divorce Law

Get 24/7 guidance specific to Mississippi's forms, procedures, and requirements.

Mississippi-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using Mississippi's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

24/7 AI guidance

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Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All Mississippi divorce information verified from official state court sources.

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