Getting Divorced in Mississippi: A Legal Guide

Before filing for divorce in Mississippi, at least one spouse must have been a resident of the state for at least 6 months. Verify that you or your spouse meets this requirement before proceeding with any divorce filings.

Mississippi allows both fault-based and no-fault divorces. The only no-fault ground is 'irreconcilable differences,' which requires both spouses to agree. Fault-based grounds include adultery, desertion, habitual cruel treatment, among others. Determine which grounds apply to your situation, as this will affect your filing strategy.

Collect all relevant financial documents including tax returns, pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, mortgage information, credit card statements, loan documents, and insurance policies. These will be needed for property division and support determinations.

Prepare a comprehensive financial disclosure that details all assets, debts, income, and expenses. Mississippi requires full financial disclosure from both parties. Be thorough and accurate, as incomplete or misleading information can result in penalties or an unfavorable judgment.

Prepare the initial divorce filing document. This petition must include basic information about both spouses, marriage date, separation date, grounds for divorce, and requests regarding property division, custody, and support. The specific content will vary based on whether you're filing a fault or no-fault divorce.

Draft a summons to be served with your petition. This document officially notifies your spouse of the divorce action and provides information about their response deadline (usually 30 days in Mississippi).

File your petition, summons, and other required documents with the Chancery Court in the appropriate county (either where you reside, where your spouse resides, or where you last lived together). Pay the filing fee (approximately $50-$150, varies by county) or request a fee waiver if you qualify based on financial hardship.

Arrange for legal service of the filed documents to your spouse. This can be done through the sheriff's office, a process server, or by certified mail with return receipt in some cases. Personal service is preferred. You cannot serve the papers yourself. Proper service is crucial for the divorce to proceed.

If you were served with divorce papers, you must file a response within 30 days addressing each allegation in the petition. If you filed the petition, review your spouse's response when received. The response should address custody, support, and property division requests.

Either party may request a temporary orders hearing to establish arrangements for child custody, support, use of marital property, and other matters during the divorce process. Prepare evidence and arguments for your position on these temporary arrangements.

If you have minor children, complete Mississippi's child support worksheet using the state's guidelines. Mississippi uses the income shares model, which considers both parents' incomes. The worksheet calculates support obligations based on the number of children and parental income.

Create a detailed parenting plan that addresses physical and legal custody arrangements, visitation schedules, holiday and vacation time, transportation responsibilities, and decision-making authority for education, healthcare, and religious upbringing. Mississippi courts favor plans that serve the best interests of the child and maintain relationships with both parents when appropriate.

Many Mississippi counties require mediation for divorcing couples, especially when child custody is contested. Attend all scheduled mediation sessions and negotiate in good faith. Prepare to discuss all contested issues including property division, support, and custody arrangements.

Prepare a comprehensive agreement detailing the division of all marital assets and debts, including real estate, vehicles, retirement accounts, investments, household items, and liabilities. Mississippi follows equitable distribution principles, meaning property is divided fairly but not necessarily equally. Consider factors such as length of marriage, contributions of each spouse, and economic circumstances.

If retirement accounts will be divided, draft a QDRO for each applicable account. This specialized court order instructs retirement plan administrators how to divide retirement benefits. Each QDRO must comply with both federal ERISA requirements and the specific rules of the retirement plan. Consider consulting a specialist for this complex document.

Prepare for and attend the final hearing before the Chancery Court judge. For contested issues, be ready to present evidence and testimony. For uncontested matters with a settlement agreement, the hearing may be brief. Dress professionally and address the judge respectfully.

Carefully review the proposed final decree before it's submitted to the judge. This document formalizes the end of your marriage and incorporates all court orders regarding property division, support, and custody. Ensure it accurately reflects all agreements and court decisions.

If child support or spousal support is ordered, prepare a wage withholding order. Mississippi generally requires income withholding for all support orders. This document directs the paying spouse's employer to withhold support payments from their wages and send them to the recipient or the state disbursement unit.

After the divorce is finalized, take all necessary steps to transfer property according to the decree. This may include refinancing mortgages, transferring vehicle titles, changing names on accounts, and distributing retirement funds per QDROs. Set deadlines for each transfer and follow up to ensure completion.

Review and update your will, trust, powers of attorney, healthcare directives, and insurance beneficiary designations to reflect your new marital status. Remove your ex-spouse from documents where appropriate and designate new beneficiaries or representatives.