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Uncontested Divorce in Mississippi
Requirements for an Uncontested Divorce in Mississippi
To qualify for an uncontested divorce (called “dissolution of marriage”) in Mississippi , the following must apply:
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Residency:
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At least one spouse must have lived in Mississippi for 6 months before filing.
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Grounds for Divorce
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The only no-fault ground allowed is “irreconcilable differences”.
Both spouses must agree the marriage is over and consent to the divorce.
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Full Agreement:
To file uncontested, both spouses must agree on:
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Division of property and debts
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Alimony (spousal support), if any
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Child custody, visitation, and support (if you have children)
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Steps to File for an Uncontested Divorce:
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Draft the Required Documents
You will typically need:
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Joint Complaint for Divorce (or separate Complaint and Answer with waiver)
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Marital Settlement Agreement
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Child Custody and Support Agreement (if applicable)
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Final Judgment of Divorce
Note: Mississippi does not provide standard statewide forms. You can:
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Get forms from a local Chancery Court
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Use an online legal service
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Hire a flat-fee attorney
2. File with the Chancery Court
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File in the Chancery Court of the county where either spouse resides.
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Pay the filing fee (usually $90–$150, varies by county).
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Request a fee waiver if you cannot afford to pay.
3. Wait the Mandatory 60 Days
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Mississippi law requires a 60-day waiting period from the date the complaint is filed.
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No divorce will be granted sooner than 60 days.
4. Submit Final Judgment and Attend Hearing (if required)
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After the 60-day wait, submit a Final Judgment of Divorce.
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Some counties may require a brief hearing, especially if children are involved.
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If everything is in order, the judge signs the decree.
Cost Considerations
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Filing Fee: $90-$150
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Service Fee (If required): $25-$50
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Attorney Flat Fee: $500–$1,000 (optional)
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Online Divorce Services: $150–$350
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Fee Waiver: File an affidavit with the court to request it
Important Considerations
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With Children:
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You must include a Parenting Plan and a Child Support Worksheet
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The court ensures the agreement serves the best interests of the child
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Property Division:
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Mississippi follows equitable distribution—property is divided fairly, but not always 50/50
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Legal Advice Recommended:
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Even if everything is agreed, it’s wise to have a lawyer review your settlement—especially if you have a house, debts, or children
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