Mississippi Divorce Guide
Everything you need to know about filing for divorce in Mississippi — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Mississippi Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 60 days — For irreconcilable differences (no-fault) divorces under Mississippi Code 93-5-2, the court cannot enter a final judgment until at least 60 days after the filing of the complaint. For fault-based divorces, there is no specific statutory waiting period, though the case must proceed through normal court scheduling. |
| Filing Fee | $150(fee waiver available) |
| No-Fault Grounds | Irreconcilable Differences |
| Fault Grounds | Adultery, Impotence at Time of Marriage, Desertion for One Year, Habitual Drunkenness, Habitual and Excessive Drug Use, Habitual Cruel and Inhuman Treatment, Mental Illness or Intellectual Disability, Bigamy, Pregnancy by Another at Time of Marriage, Conviction of Felony, Incurable Insanity |
| Property Division | Equitable Distribution |
| E-Filing | Available — Mississippi uses the Mississippi Electronic Courts (MEC) system for electronic filing. MEC is available in all 82 counties for civil case types. However, remote access may be restricted for divorce cases in some counties. Access the system at https://courts.ms.gov/mec/mec.php. |
| Response Window | 30 days — Under Mississippi Rules of Civil Procedure Rule 12(a), the defendant has 30 days after service of the summons and complaint to file an answer. If no answer is filed, the plaintiff may seek a default judgment (not available for irreconcilable differences cases, which require mutual consent). |
Grounds for Divorce in Mississippi
Irreconcilable differences (requires consent of both parties)
No-Fault Grounds
- Irreconcilable Differences — Under Mississippi Code 93-5-2, a divorce may be granted on the ground of irreconcilable differences, but only upon the joint complaint of husband and wife, or upon a complaint where the defendant has been personally served and has entered an appearance. Both parties must consent to this ground. If either party contests it, this ground is not available and the filing party must prove a fault-based ground.
Fault-Based Grounds
- Adultery — Under Mississippi Code 93-5-1(a), a divorce may be granted for adultery unless the offense was committed by the procurement or connivance of the complainant.
- Impotence at Time of Marriage — Under Mississippi Code 93-5-1(a), a divorce may be granted on the ground of natural impotency existing at the time of marriage.
- Desertion for One Year — Under Mississippi Code 93-5-1(d), a divorce may be granted when one spouse has willfully, continuously, and obstinately deserted the other for one year.
- Habitual Drunkenness — Under Mississippi Code 93-5-1(e), a divorce may be granted on the ground of habitual drunkenness.
- Habitual and Excessive Drug Use — Under Mississippi Code 93-5-1(f), a divorce may be granted on the ground of habitual and excessive use of opium, morphine, or other similar drug.
- Habitual Cruel and Inhuman Treatment — Under Mississippi Code 93-5-1(g), a divorce may be granted on the ground of habitual cruel and inhuman treatment, including systematic physical or mental abuse or domestic violence.
- Mental Illness or Intellectual Disability — Under Mississippi Code 93-5-1(h), a divorce may be granted when a spouse was at the time of marriage mentally ill or an intellectually disabled person without knowledge of the other party.
- Bigamy — Under Mississippi Code 93-5-1(i), a divorce may be granted if either party had a former spouse living at the time of the marriage (bigamy).
- Pregnancy by Another at Time of Marriage — Under Mississippi Code 93-5-1(b), a divorce may be granted if the wife was pregnant by another person at the time of the marriage without the husband's knowledge.
- Conviction of Felony — Under Mississippi Code 93-5-1(c), a divorce may be granted when one spouse has been sentenced to any penitentiary and not pardoned before being sent there.
- Incurable Insanity — Under Mississippi Code 93-5-1(j), a divorce may be granted when a spouse is incurably insane and has been confined to a mental institution for at least three years before the filing.
Start your Mississippi divorce online
Divorce.ai prepares your Mississippi forms in under an hour. No lawyer required.
How to File for Divorce in Mississippi
Meet Residency Requirements
You must have lived in Mississippi for at least 6 months before filing. Under Mississippi Code 93-5-5, the complainant in a divorce action must have been an actual bona fide resident and citizen of the State of Mississippi for six months next preceding the filing of the bill of complaint. If the ground for divorce occurred in Mississippi, either party may file if a resident. For irreconcilable differences divorces, filing is in the Chancery Court of the county where either party resides.
Complete Your Forms
Mississippi requires 4 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $150 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service by Sheriff or Process Server, Service by Certified Mail, Service by Publication, Waiver of Process / Voluntary Appearance. For irreconcilable differences divorces, the defendant must be personally served or must enter a voluntary appearance through a written waiver of process. Service by publication alone is insufficient for no-fault divorces. Mississippi uses the Chancery Court for all divorce proceedings.
Wait for Response & Finalize
Your spouse has 30 days to respond. After the 60-day waiting period, the court can issue your final decree.
Special Rules in Mississippi
Irreconcilable Differences Requires Mutual Consent
Under Mississippi Code 93-5-2, a no-fault divorce based on irreconcilable differences can only be granted upon the joint complaint of both spouses or when the defendant has been personally served and entered an appearance. If either party contests this ground, it cannot be used and the filing party must prove a fault-based ground.
Chancery Court Jurisdiction
All divorce cases in Mississippi are filed in the Chancery Court, which has exclusive jurisdiction over domestic relations matters, not the Circuit Court. The Chancery Court also handles adoptions, guardianship, and other equity matters.
Fault Considered in Property Division and Alimony
Mississippi courts may consider marital fault when dividing property and awarding alimony. Fault is one of the Ferguson factors (property) and Armstrong factors (alimony) that courts must weigh.
Property Settlement Agreement Required for No-Fault
Under Mississippi Code 93-5-2, an irreconcilable differences divorce requires a complete written property settlement agreement addressing all issues including property, debts, custody, support, and alimony before the divorce can be granted.
Mandatory Requirements
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
Skip the paperwork headache
Divorce.ai guides you through every Mississippi form and filing step. AI-powered, lawyer-reviewed.