How to File for Divorce in Mississippi
Filing for Divorce in Mississippi
Residency Requirements
At least one spouse must have been a Mississippi resident for at least 6 months before filing.
Waiting Period
60 days after filing for irreconcilable differences divorce.
Grounds
- No-fault: Irreconcilable differences (requires agreement)
- Fault: 12 statutory grounds including adultery, desertion, cruelty
Important Note
If spouse contests, irreconcilable differences may not be available.
Mississippi Family Court System
Family Courts in Mississippi
Divorce and family law cases are heard in Chancery Court.
Court Structure
- 82 counties
- 21 chancery court districts
Major Courts
- Hinds County (Jackson): First Chancery Court District
- Harrison County: Second Chancery Court District
Chancery Court Jurisdiction
Chancery courts handle divorce, custody, adoption, and estates.
Mississippi Divorce Filing Fees
Filing Fees in Mississippi
Fee Schedule
- Divorce filing fee: $50-$100 (varies by county)
- Service fees: Additional $25-$75
Fee Waiver
Pauper's affidavit available for those who cannot afford fees.
Typical Costs
- Uncontested: $400-$1,500
- Contested: $5,000-$20,000+
Free Legal Help in Mississippi
Free Legal Resources in Mississippi
Mississippi Center for Legal Services
- Website: mscls.org
- Phone: 1-800-498-1804
North Mississippi Rural Legal Services
- Website: nmrls.com
- Phone: 1-800-898-5908
Online Resources
- MS Free Legal Answers: mississippi.freelegalanswers.org
Mississippi Divorce Deadlines
Critical Deadlines in Mississippi
Waiting Period
60 days after filing for irreconcilable differences divorce.
Residency
6 months residency required before filing.
Response Deadline
30 days to respond after being served.
What Makes Mississippi Family Law Unique
Mississippi's Unique Family Law Features
Chancery Court
Mississippi uses Chancery Court (not family court) for divorce - rooted in English equity courts.
Albright Factors
Mississippi's custody decisions are based on the Albright case which lists 12 specific factors.
Irreconcilable Differences Limitation
Irreconcilable differences divorce requires mutual agreement. If contested, fault grounds may be needed.
Child Support to 21
Support continues until age 21 - later than most states.
Low Filing Fees
Some of the lowest filing fees in the nation ($50-$100).
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This information is provided for educational purposes only and does not constitute legal advice. Laws change frequently. Consult with a licensed attorney for advice specific to your situation.