Mississippi Divorce Checklist
divorce.law/resources/divorce-checklist/mississippi/
Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
60 to 90 days for an uncontested irreconcilable differences divorce (60-day mandatory waiting period under § 93-5-2 plus 1–2 weeks for hearing scheduling). Contested fault-based divorces typically take 6 to 18 months depending on the complexity of property division, custody disputes, and whether the case goes to trial. Cases involving extensive discovery, mediation, and custody evaluations may take 12 to 24 months.
Documents to Gather
- Certified copy of Marriage Certificate
- Birth certificates for all minor children
- Mississippi driver's license or state-issued ID
- Social Security cards for both spouses and all children
- Prenuptial or postnuptial agreement (if applicable)(if applicable)
- Protective order documentation (if applicable)(if applicable)
- Prior court orders affecting custody or support(if applicable)
Financial Documents
- Last 3 years of federal and state income tax returns with all schedules
- Last 6 months of pay stubs or income verification
- Bank statements for all accounts (12 months)
- Retirement and investment account statements
- Mortgage statements and property deeds
- Vehicle titles and valuation printouts
- Credit card and loan statements
- Business financial records (if self-employed)(if applicable)
- Health, life, and auto insurance policy declarations
- Employee benefit statements(if applicable)
Key Steps
1. Before Filing
- Verify Residency Requirements
- Determine Grounds for Divorce
- Gather Essential Personal and Financial Documents
- Create a Safety Plan if Domestic Violence Is Involved
2. Filing Process
- Prepare the Complaint for Divorce
- File the Complaint with the Chancery Court Clerk
- Complete the Rule 8.05 Financial Disclosure Statement
- Prepare the Child Support Computation Worksheet
3. After Filing
- Serve Your Spouse with the Divorce Complaint
- Wait for Respondent's Answer or Default
- Participate in Discovery (Contested Cases)
- Attend Mediation if Ordered by the Court
- Attend a Parenting Education Course if Required
- Attend the Final Hearing and Obtain the Divorce Decree
- Record the Final Decree and Update Legal Records
Key Deadlines
Quick Reference
To file for divorce in Mississippi, at least one spouse must have been a bona fide resident of the state for 6 consecutive months under Mississippi Code § 93-5-5. File a Bill of Complaint (fault-based) or Joint Complaint (irreconcilable differences) with the Chancery Court Clerk in the proper county per § 93-5-11, along with a Civil Case Cover Sheet, and pay the filing fee of approximately $148 to $158 depending on your county. For no-fault divorces under § 93-5-2, both spouses must consent, sign a notarized Property Settlement Agreement resolving all issues, and wait a mandatory 60 days before the court can finalize the divorce. If minor children are involved, file a UCCJEA Affidavit under § 93-27-209 and a Child Support Computation Worksheet using the percentage-of-income guidelines in § 43-19-101 (14% for one child, 20% for two). Both parties must complete a Rule 8.05 Financial Disclosure Statement under the Uniform Chancery Court Rules. The defendant has 30 days to file an Answer after service under Rule 12(a). Uncontested divorces typically finalize in 60 to 90 days; contested cases take 6 to 18 months. Fee waivers are available by filing a Pauper's Affidavit under § 11-53-17. For free legal help, contact the Mississippi Volunteer Lawyers Project at 601-960-9577 or Mississippi Center for Legal Services at 1-800-498-1804.