Mississippi Divorce Filing Checklist 2025

Filing for divorce in Mississippi requires careful attention to the state's 6-month residency requirement and, for no-fault cases, a mandatory 60-day waiting period after filing. Mississippi handles all divorces through its Chancery Courts, with filing fees ranging from $148 to $158 depending on your county and whether your case is contested. The state's no-fault option—irreconcilable differences—has a unique requirement: it cannot proceed if your spouse contests it. Mississippi also offers the MEC e-filing system for attorney use and MSATJC free forms including an interactive interview for simple cases. Understanding Miss. Code § 93-5-2, venue rules, and corroboration requirements will help you navigate Mississippi's divorce process. For more context on what to expect during the divorce process, review our comprehensive checklist. This Mississippi divorce filing checklist covers every essential step for 2025.

6-Month Residency Requirement

Mississippi requires at least one spouse to have been an actual bona fide resident of the state for 6 months (180 days) immediately before filing. Under Miss. Code § 93-5-5, you cannot have moved to Mississippi solely for the purpose of filing for divorce—the court will dismiss such cases.

Military servicemembers stationed in Mississippi who live here with their spouse are treated as residents if the couple lived in Mississippi when they separated. This extends residency status to military families.

For venue (which county to file in), fault-based divorces are filed in the defendant's county or, if the defendant is a nonresident, in the plaintiff's county. For irreconcilable differences divorces, you may file in either spouse's county if both live in Mississippi; if one lives out of state, file in the Mississippi resident's county.

All divorces are heard in Mississippi Chancery Court by a chancellor (judge) without a jury unless a jury is properly demanded.

Mandatory 60-Day Waiting Period

Divorces based on irreconcilable differences face a mandatory 60-day waiting period from the date you file until the court can hold a hearing. This cooling-off period is designed to give spouses time to reconcile or finalize settlement agreements.

Unlike some states, this 60-day wait cannot be waived for irreconcilable differences cases, even if both spouses fully agree on all terms. Fault-based divorces have no statutory waiting period, though normal notice and scheduling timelines apply.

Grounds for Divorce

Mississippi recognizes both no-fault and fault-based grounds.

No-Fault Option: Irreconcilable Differences

Under Miss. Code § 93-5-2, Mississippi grants divorces for irreconcilable differences only when both spouses agree. The law permits this ground via:

• A joint complaint signed by both spouses, OR
• A complaint where the defendant is personally served or waives service and does not contest the divorce

If your spouse contests an irreconcilable differences divorce, the court cannot grant a divorce on that ground unless the contest is withdrawn. In such cases, you must proceed on a fault ground or wait for your spouse to consent.

The parties must either submit a written Property Settlement Agreement covering all issues (property, custody, support) or consent to let the court decide specified disputed issues.

Fault-Based Grounds (12 Total)

The most commonly used fault ground is "habitual cruel and inhuman treatment," which expressly includes spousal domestic abuse. Other fault grounds include:

• Adultery
• Willful desertion for 1 year
• Habitual drunkenness
• Habitual and excessive use of opium, morphine, or similar drugs
• Natural impotency
• Conviction and imprisonment (not pardoned)
• Bigamy (marriage to another still living)
• Pregnancy by another person at marriage (unknown to husband)
• Incest (marriage within prohibited degrees)
• Mental illness or intellectual disability at marriage (unknown to complaining party)
• Incurable mental illness meeting statutory criteria

Fault divorces require substantial corroboration of the plaintiff's testimony under UCCR 8.03—you cannot rely on uncorroborated testimony alone.

Filing Options: Uncontested vs. Contested

Mississippi offers two main tracks:

Uncontested Irreconcilable Differences

If both spouses agree on all issues, file a Joint Complaint for Divorce along with a comprehensive Property Settlement Agreement. The Mississippi Access to Justice Commission (MSATJC) provides a free LawHelp Interactive interview that generates uncontested divorce documents for cases with no minor children and no complex property. After the 60-day wait, many chancellors will sign the agreed Judgment of Divorce without requiring a hearing (UCCR 8.04).

Contested or Fault-Based Divorce

If you cannot agree or are pursuing a fault ground, file a Complaint for Divorce and serve your spouse under Mississippi Rule of Civil Procedure 4. The defendant has 30 days after service to file an Answer. Contested cases involve discovery, temporary (pendente lite) hearings for custody and support, possible mediation, and potentially a bench trial before the chancellor.

Required Documents and Forms

Your Mississippi divorce filing checklist includes:

• Complaint for Divorce (or Joint Complaint for irreconcilable differences)
• Civil Case Filing Form (statewide cover sheet)
• Property Settlement Agreement (if uncontested)
• Financial Statement (UCCR Form 1, required in all cases with economic issues)
• Affidavit Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (if minor children)
• Proposed Judgment of Divorce

Access official forms at the MSATJC Legal Forms page or the MEC Forms and Filing Events page. The MSATJC interactive interview is ideal for simple uncontested cases.

MEC E-Filing System

Mississippi's Mississippi Electronic Courts (MEC) system is now live in all 82 chancery courts. The MEC system allows attorneys to file documents 24/7 electronically, with automatic email notifications sent to all parties and the assigned judge.

Pro se (self-represented) litigants typically cannot e-file through MEC unless they are attorneys in good standing. Instead, file in person at your county's Chancery Clerk's office. You can register for PAMEC (public access) for $10/year to view case dockets online; otherwise, use courthouse public terminals for free.

Filing Fees and Costs

Mississippi filing fees vary by county—there is no uniform statewide fee. Example fees from Oktibbeha County:

• Uncontested/Joint divorce: $148
• Contested/Fault divorce: $158
• Child Custody/Visitation: $158

Most counties charge fees in the $150-$200 range. Always verify your county's current fee schedule with the Chancery Clerk before filing.

Additional costs may include:

• Service of process: Varies by county (sheriff or private process server)
• Publication (if defendant cannot be located): Three weekly newspaper publications
• Mediation fees: Hourly rates (typically split between parties)
• PAMEC viewing access: $10/year (optional)

If you cannot afford the filing fee, file a Motion to Proceed In Forma Pauperis and Pauper's Affidavit (available from MSATJC) to request a fee waiver.

Child Custody Considerations

Mississippi law presumes joint custody is in the child's best interest when both parents agree to joint custody. The chancellor applies the Albright factors (established in Albright v. Albright, 437 So.2d 1003) to determine custody, including the child's age/health, continuity of care, parenting skills, emotional ties, home stability, and the child's preference if sufficiently mature.

Mississippi uses statutory percentage guidelines for child support: 14% of adjusted gross income for 1 child, 20% for 2 children, 22% for 3, 24% for 4, and 26% for 5 or more children. The court can deviate from these percentages with written findings.

All parties must exchange financial disclosures using UCCR Form 1 (revised effective April 18, 2024), including income/expense statements, asset/liability balance sheets, tax returns, and employment history.

Financial Planning for Your Mississippi Divorce

Understanding your complete costs helps you budget appropriately. Beyond the $148-$158 filing fee, expect potential costs for service, mediation (if contested custody), and attorney fees (if you choose representation). Check out our article on how to save money on divorce for cost-reduction strategies. Use our divorce cost calculator below to estimate Mississippi-specific expenses:

Conclusion

This Mississippi divorce filing checklist provides your roadmap for 2025. Mississippi's 6-month residency requirement, 60-day waiting period for irreconcilable differences, and county-specific filing fees (typically $148-$158) create a clear structure for your case. The MEC e-filing system simplifies attorney submissions, while MSATJC's free forms and interactive interview help self-represented litigants with simple uncontested cases.

Remember that irreconcilable differences cannot proceed if contested—in such cases, you must use a fault ground or obtain your spouse's consent. Use the divorce cost calculator above to plan financially, access official forms through MSATJC or MEC, and consider the Albright factors when negotiating custody. For complex cases involving significant assets, contested custody, or business interests, consult a Mississippi family law attorney for personalized guidance.

Navigating Mississippi's divorce requirements is simpler with an online divorce planning platform that keeps track of deadlines and paperwork.