Filing for divorce in Mississippi? Your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). Mississippi requires a 60-day waiting period for no-fault divorces and specific residency requirements before your decree can be granted. Understanding how to save money on divorce means choosing the most cost-effective path for your circumstances.
Mississippi offers both no-fault and fault-based grounds for divorce. The no-fault ground is "irreconcilable differences," but it requires either a joint petition or that the defendant is served and doesn't contest. Mississippi also recognizes 12 fault grounds including adultery, desertion, and habitual cruel treatment.
Quick Comparison: Uncontested vs Contested
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Both parties agree on all issues | One or more issues disputed |
| Timeline | 2-5 months | 6-18+ months |
| Total Cost | $148-$2,500 | $7,500-$20,000+ |
| Court Hearings | May approve without hearing | Multiple hearings, trial likely |
| Attorney Needed? | Optional (DIY possible) | Highly recommended |
What is an Uncontested Divorce in Mississippi?
An uncontested divorce means you and your spouse agree on all major issues including property division, debts, alimony, and (if applicable) child custody and support. Mississippi Chancery Courts can approve agreed divorces without a live hearing if the paperwork is complete under UCCR Rule 8.04.
Joint Complaint Option
Mississippi allows spouses to file a joint complaint for irreconcilable differences, eliminating the need for formal service. Both spouses sign the complaint and the Property Settlement Agreement, then wait 60 days before the chancellor reviews and signs the decree.
Self-Help Resources
The Mississippi Access to Justice Commission offers free forms and an interactive interview that generates documents for uncontested divorces with no children.
What is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parenting time, property division, or alimony. The defendant has 30 days after service to file an Answer.
Mississippi courts have discretionary authority to order mediation under the Court Annexed Mediation Rules. Many chancellors encourage settlement conferences or mediation before trial. Since August 2024, Mississippi also offers collaborative divorce as an alternative dispute resolution option. Comparing divorce battle versus mediation costs helps you weigh the benefits of alternative dispute resolution.
Cost Comparison
Uncontested Divorce Costs
- Filing fee: $148 (varies by county)
- Service of process: $0-$75 (waiver available with joint filing)
- Attorney (optional): $500-$2,500 flat fee
- Total typical range: $148-$2,500
Contested Divorce Costs
- Filing fees: $158+ plus motion fees
- Attorney fees: $7,500-$20,000+ depending on complexity
- Mediation: $150-$300/hour; typically $1,000-$2,500 total
- Custody evaluation: $1,000-$5,000 if needed
- Total average: $7,500-$20,000+ per spouse
Calculate Your Estimated Divorce Costs
Use our free calculator to estimate your total Mississippi divorce costs based on whether your case is uncontested or contested.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Timeline Comparison
Uncontested: Mississippi has a mandatory 60-day waiting period from filing to final hearing. Most uncontested cases finalize in 2-5 months. Chancellors can approve agreed judgments without live testimony under UCCR 8.04. For more details, see our Mississippi divorce timeline guide.
Contested: Expect 6-18 months or longer. Discovery, mediation, temporary orders hearings, and trial scheduling all extend the process. Complex custody disputes with evaluations can take 2+ years.
Child Support in Mississippi
Mississippi uses percentage-based child support guidelines: 14% of adjusted gross income for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more children.
Frequently Asked Questions
What are Mississippi's residency requirements?
At least one spouse must have been an actual bona fide resident of Mississippi for 6 months immediately before filing.
Can I get a no-fault divorce without my spouse's agreement?
Not purely unilaterally. Mississippi's irreconcilable differences ground requires a joint filing or that the defendant is served and doesn't contest. If your spouse contests, you'll need to proceed on a fault ground.
What is the joint custody presumption?
Mississippi has a statutory presumption that joint custody is in the child's best interest when both parents agree to it. Courts use the Albright factors to determine custody when parents disagree.
Make the Right Choice
The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and finish in months rather than years. Mississippi's joint complaint option makes uncontested divorces particularly streamlined. For step-by-step guidance, see our Mississippi divorce filing checklist.
Ready to Navigate Your Divorce Journey?
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This article is for informational purposes only and does not constitute legal advice. Mississippi divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed Mississippi family law attorney. Always verify current requirements with your local Mississippi Chancery Court clerk.
