Mississippi Code Title 93, Chapter 5 - Divorce

Mississippi recognizes 12 fault-based grounds for divorce: natural impotency, adultery, felony conviction, willful desertion for one year, habitual drunkenness, habitual drug use, habitual cruel and inhuman treatment (including domestic abuse), mental illness at time of marriage unknown to other spouse, bigamy, pregnancy by another at time of marriage, prohibited kinship, and incurable mental illness with 3+ years of institutional confinement. The divorce is granted to the 'injured party.'

Effective: 2024

Mississippi's no-fault divorce option requires either a joint complaint by both spouses or personal service on the defendant with their written waiver or appearance. Unlike most states, one spouse cannot unilaterally file for no-fault divorce — mutual consent is required. If spouses agree on custody, support, and property division in writing, the court may incorporate that agreement into the judgment. The complaint must be on file for 60 days before the court can hear it.

Effective: 2024

At least one spouse must have been an actual bona fide resident of Mississippi for six months immediately before filing. If the defendant lives out of state, the filing spouse must meet the six-month requirement. Active-duty military members stationed in Mississippi for six months (or whose home of record is Mississippi) qualify. The court will dismiss any case where residency was established solely to obtain a divorce.

Effective: 2024

A court is not required to deny a divorce simply because the spouse requesting the divorce also committed a marital fault. This statute abolished the traditional recrimination defense, which previously allowed a guilty spouse to block the other's divorce by proving mutual wrongdoing.

Effective: 2024

This is the primary statutory authority for property division and alimony in Mississippi divorce. The court may, 'in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just,' divide property and award alimony to either spouse. Mississippi is an equitable distribution state — property is divided fairly but not necessarily equally. The court's broad discretion is guided by the Ferguson v. Ferguson (1994) case law factors.

Effective: 2024

Mississippi property division is primarily governed by case law rather than statute. The landmark Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994) established eight factors courts must consider: (1) each spouse's substantial contribution to accumulating property, including homemaking; (2) use or disposition of marital assets; (3) market and sentimental value of assets; (4) value of each spouse's separate estate; (5) tax consequences and third-party obligations; (6) whether property division eliminates the need for alimony; (7) needs of each spouse; and (8) any other equitable factor. Marital fault may be a minor consideration.

Effective: 2024

Governs the enforceability of prenuptial and postnuptial agreements in Mississippi. Since Mississippi has not adopted the Uniform Premarital Agreement Act, prenuptial agreements are treated as standard contracts. To be enforceable, a prenup must be voluntary, written, include full financial disclosure, be fair and conscionable, be signed by both parties, and filed with the Chancery Court. Courts are not bound by prenuptial provisions regarding child custody.

Effective: 2024

Mississippi's comprehensive custody statute defines physical custody, joint physical custody, and legal custody. There is no presumption favoring mothers (the 'tender years' doctrine is abolished). Joint custody is presumed to be in the child's best interest when both parents agree to it. Courts apply the Albright v. Albright (1983) best-interest factors, including parenting skills, willingness to provide primary care, employment stability, physical and mental health, moral fitness, home stability, and the child's preference if age-appropriate.

Effective: 2024

There is a rebuttable presumption that it is detrimental to a child and not in the child's best interest to be placed in the custody of a parent with a history of perpetrating family violence. A 'history' can be established by one incident causing serious bodily injury or a pattern of violence. The presumption can be rebutted if the perpetrator completes batterer's treatment, substance abuse counseling, or parenting classes, and commits no further acts of violence. False allegations of domestic violence may result in the accusing party paying all court costs and attorney's fees.

Effective: 2024

Protects military parents from permanent custody changes due to deployment, mobilization, or temporary duty. Any temporary custody order during a parent's absence automatically ends within 10 days of the parent's return. Deployment cannot be used as a factor to justify a permanent change of custody. The non-deployed parent must make the child reasonably available during leave and facilitate phone, webcam, and email contact. Courts must grant expedited hearings and allow testimony by electronic means when military duties prevent in-person appearance.

Effective: 2024

The court has authority to establish visitation schedules that serve the child's best interests, with the goal of maintaining a close relationship between the child and the noncustodial parent. Mississippi courts have established that a minimum 'liberal' visitation schedule should include at least two weekends per month during the school year and five weeks during the summer.

Effective: 2024

Mississippi uses the percentage-of-income model, basing child support solely on the noncustodial parent's adjusted gross income. The statutory percentages are: 14% for one child, 20% for two children, 22% for three, 24% for four, and 26% for five or more. Adjusted gross income includes wages, self-employment income, commissions, investments, disability, unemployment, retirement benefits, and alimony received. For incomes above $100,000 or below $10,000, the court must make written findings on whether the guideline amount is reasonable.

Effective: 2024

The guidelines are a rebuttable presumption — a court may deviate from the guideline amount if applying it would be unjust or inappropriate in a particular case. The court must make specific written findings explaining why the deviation is warranted and how the ordered amount differs from the guidelines. Factors that may justify deviation include the child's extraordinary medical or educational needs, seasonal variations in income, and shared custody arrangements.

Effective: 2024

Mississippi recognizes four types of alimony: (1) periodic (permanent) alimony — ongoing payments that end upon remarriage or death of either spouse, modifiable for changed circumstances; (2) lump-sum alimony — a fixed, non-modifiable amount paid at once or in installments; (3) rehabilitative alimony — the most common type, providing time-limited support for a spouse to gain education or job training; and (4) reimbursement alimony — compensating a spouse who supported the other through school. Courts apply the Armstrong v. Armstrong (1993) twelve factors, including income, earning capacity, needs, standard of living, and length of marriage. There is no statutory formula — the amount is entirely within the judge's discretion.

Effective: 2024

When a child support order is entered, the court must also enter a separate income withholding order. For IV-D cases (government-assisted enforcement), withholding takes effect immediately. For other cases, withholding activates when the obligor becomes delinquent. Employers must comply and are protected from civil liability for doing so. Withholding amounts cannot exceed the limits set by the federal Consumer Credit Protection Act. The obligor can contest on grounds of mistake of fact within 30 days but must continue paying during the dispute.

Effective: 2024

For a no-fault divorce, both spouses must consent — Mississippi does not allow unilateral no-fault filing. The complaint must be on file for 60 days before the court can hear the case. The parties must submit a written agreement covering custody, child support, property division, and alimony. If the court finds the agreement adequate and sufficient, it may be incorporated into the divorce judgment. Irreconcilable differences can be alleged as a sole ground or as an alternative alongside fault-based grounds.

Effective: 2024

Divorce complaints are filed in the chancery court. If the defendant spouse lives in Mississippi, the complaint may be filed in the county where the defendant resides or where the spouses last lived together. If the defendant lives out of state, the complaint must be filed in the county where the plaintiff resides. The defendant must be personally served with process, typically by sheriff, process server, or certified mail. If the defendant cannot be located, service by publication may be permitted after the plaintiff files an affidavit showing diligent efforts to find the spouse.

Effective: 2024

Governs the procedural conduct of divorce cases in chancery court, including rules for how hearings are conducted and the court's authority to manage proceedings. Establishes the framework for orderly resolution of divorce matters.

Effective: 2024

Divorce proceedings must be conducted in open court. However, under §93-5-21, the chancellor has discretion to exclude spectators from the courtroom during divorce proceedings to protect the privacy of the parties and any children involved.

Effective: 2024

The offended spouse's failure to leave the marital home or separate from the offending spouse does not prevent the court from granting a divorce. This protects victims of abuse or other fault-based behavior who remain in the home due to financial necessity or concern for the children.

Effective: 2024

Mississippi's domestic abuse protection order framework provides three tiers of protection: emergency orders (§93-21-13) issued without notice to the abuser upon showing immediate danger; temporary orders (§93-21-15) after a hearing where abuse is proved by preponderance of evidence; and final protection orders. Orders may address custody, visitation, support, possession of the home, and require the abuser to stay away. No mutual protection orders unless each party files a separate petition with independent findings of abuse. Violation is a misdemeanor punishable by up to 6 months in jail and/or $1,000 fine. All orders are entered into the Mississippi Protection Order Registry and are enforceable nationwide.

Effective: 2024

Comprehensive protections for military service members in custody disputes. Deployment, mobilization, or temporary duty cannot be the basis for permanent custody modifications. Temporary orders expire within 10 days of return. Courts must provide expedited hearings and allow electronic testimony when military service prevents in-person attendance. These cases take priority on the court's docket. The non-deployed parent must facilitate communication between the child and deployed parent.

Effective: 2024

The chancery court has jurisdiction to change the name of any person upon petition. A spouse may petition the court to restore a former or maiden name during or after divorce proceedings. For minors, both parents or legal guardians must consent. The court may seal the case records upon a showing of good cause under §93-17-25. Name change petitions are filed in the county of the petitioner's residence.

Effective: 2024

Mississippi has not adopted the Uniform Premarital Agreement Act, so prenuptial and postnuptial agreements are governed by general contract law principles. To be enforceable, the agreement must be voluntary, in writing, include full financial disclosure, be fair and conscionable, and be signed by both parties. Courts may decline to enforce provisions they find unconscionable. Prenuptial agreements cannot override the court's authority to determine child custody and support based on the child's best interests.

Effective: 2024

The court may appoint a guardian ad litem to represent the interests of minor children in divorce proceedings. This is particularly important in contested custody cases where the court needs an independent assessment of what arrangement serves the children's best interests. The guardian investigates the family situation and makes recommendations to the court.

Effective: 2024

The Mississippi Supreme Court adopted Rules for Collaborative Law, providing a formal framework for couples who wish to resolve divorce matters cooperatively rather than through traditional litigation. In collaborative divorce, each spouse retains a specially trained attorney, and all parties agree to negotiate in good faith without going to court. If the collaborative process fails, both attorneys must withdraw and the parties must hire new counsel for litigation.

Effective: 2024