Divorce (Part I)—What does it take to get divorced in Mississippi?

What is required to get divorced in Mississippi?

First, one of the spouses must be a resident of Mississippi for 6 months or more. However, a member of the U.S. Armed Forces stationed in Mississippi and residing within the state with their spouse at the time of the separation will be considered a resident for these purposes. Second, the Complaint for Divorce must be on file for at least 60 days before the divorce can be granted. Finally, you must meet one of the statutorily created methods for divorce in Mississippi. There are essentially three methods.

The first method, and most commonly used, is known as an agreed divorce based upon irreconcilable differences. It is Mississippi’s version of no-fault divorce with a twist. In many states, one spouse may get a divorce based upon irreconcilable differences over the objection of the other spouse. Not in Mississippi. In order to use this method, both spouses must agree to divorce and agree to child custody, child support, and property division. If you and your spouse can agree on these issues, then a Joint Complaint for Divorce can be filed. After the expiration of 60 days and after the parties sign the appropriate documents, the matter may be set before the Chancellor to approve and grant the divorce.

The second method is a modification of the first. You can agree to the divorce based upon irreconcilable differences or not contest your spouses’ filing of the divorce and yet not agree on issues such as child support, child custody and/or property division. In that case, a Complaint for Divorce is filed and the Chancellor will decide the remaining issues at a trial.

The third method is the more involved process—a fault based divorce. There are a number of legislatively created grounds for divorce in Mississippi. In order to get a divorce based upon any of these grounds, the innocent spouse must prove in court the facts to support the grounds. There are twelve statutory grounds: