Divorce Resources in Mississippi: Court Forms, Legal Aid & Filing Guide

To file for divorce in Mississippi, you must be a bona fide resident of the state for at least six consecutive months immediately preceding the filing, as required by Miss. Code Ann. § 93-5-5. File your Complaint for Divorce in the Chancery Court of the county where the defendant resides, where the defendant may be found, or where the couple last lived together if the plaintiff still resides in that county. Mississippi uniquely uses Chancery Courts rather than Circuit or Superior Courts for divorce jurisdiction. You will need the Civil Case Filing Form (Cover Sheet AOC/01), your signed and notarized complaint, and payment of the filing fee, which varies by county but typically ranges from $148 to $160.

For an uncontested divorce based on irreconcilable differences under Miss. Code Ann. § 93-5-2, both spouses must sign a Joint Complaint for Divorce and a Property Settlement Agreement before a notary public. The agreement must address division of all marital property and debts, and if children are involved, custody, visitation, and child support. Cases involving minor children also require a UCCJEA Affidavit under Miss. Code Ann. § 93-27-209 disclosing each child's residence history for the preceding five years. The Joint Complaint must be on file for at least 60 days before the court will hear the case and grant the divorce.

For a contested or fault-based divorce, the plaintiff files a Complaint for Divorce citing one of the 12 statutory grounds under Miss. Code Ann. § 93-5-1, including adultery, habitual cruel and inhuman treatment, desertion for one year, or habitual drunkenness. The defendant must be personally served with process through the county sheriff, a private process server, or certified mail with return receipt requested under Miss. R. Civ. P. 4. The defendant then has 30 days to file an Answer. Both parties must file a Rule 8.05 Financial Statement under Uniform Chancery Court Rule 8.05 disclosing income, expenses, assets, and liabilities. Contested cases proceed through discovery, possible mediation, and trial before the chancellor.

After filing, the Chancery Clerk assigns a case number and stamps your documents. Service of process typically costs $25 to $75 depending on the method and county. If you cannot afford the filing fee, file a Pauper's Affidavit and Motion in Forma Pauperis under Miss. R. Civ. P. 3(c) to request a fee waiver. Mississippi does not impose a mandatory statewide waiting period for fault-based divorces, but irreconcilable differences cases require a 60-day waiting period after filing under Miss. Code Ann. § 93-5-2. All divorce proceedings are governed by the Mississippi Rules of Civil Procedure and the Uniform Chancery Court Rules.

Mississippi does not impose a universal statutory requirement for parenting classes in all divorce cases. However, Chancery Court judges have broad discretionary authority to order parenting education classes in any case involving child custody or visitation. Under Miss. Code Ann. § 93-5-24, parenting classes are specifically referenced as a factor when evaluating custody for a parent with a history of perpetrating family violence — the court considers whether the perpetrator has successfully completed a parenting class when determining if the presumption against custody can be overcome. Individual chancellors and county-level local rules may require completion of an approved parent education program before the final hearing in contested custody matters. Contact the Chancery Clerk in the county where your case is filed to determine whether a parenting class is required by local rule or court order.

Mississippi does not have a blanket statewide statutory mandate requiring mediation in all divorce cases. However, Chancery Court chancellors have broad discretionary authority to order mediation in any contested domestic relations matter, and many Mississippi courts routinely require mediation before a contested custody or property division case proceeds to trial. Under the Uniform Chancery Court Rules, the court may refer any contested issue to mediation, and failure to participate in court-ordered mediation in good faith may result in sanctions. Mediation is particularly common in contested custody and visitation disputes, where the chancellor orders both parents to attend sessions with a certified mediator before the case is set for trial. Mediation sessions typically cost $100 to $500 per hour, usually split between the parties. If mediation is unsuccessful, the case proceeds to a full trial before the chancellor.

Mississippi requires mandatory financial disclosure in all divorce cases involving financial matters under Uniform Chancery Court Rule 8.05. Both parties must file a detailed Rule 8.05 Financial Statement disclosing their complete financial picture, including current address, gross and net income from all sources, monthly expenses, all assets (real property, personal property, bank accounts, retirement accounts, investments), all liabilities, and a detailed employment history. The most recent federal income tax return must be attached as an exhibit. Failure to submit a Rule 8.05 Financial Statement without just cause constitutes contempt of court. The chancellor relies on these statements when making decisions about equitable property division under Miss. Code Ann. § 93-5-23, alimony under Miss. Code Ann. § 93-5-23, and child support. All divorces involving minor children must include a Rule 8.05 filing. In cases without children and without disputed financial matters, both parties may waive the Rule 8.05 requirement by filing a signed Rule 8.05 Waiver acknowledging they are aware of their right to receive financial disclosures and voluntarily decline.