Divorce in Mississippi

Overview of Divorce in Mississippi

Mississippi provides both no-fault and fault-based grounds for divorce under Miss. Code Ann. Sections 93-5-1 et seq. The no-fault ground of irreconcilable differences has a distinctive feature: it generally requires the consent of both parties or the absence of a contest within 30 days of service. If one spouse refuses to consent, the other must pursue a fault-based ground. Mississippi follows equitable distribution principles for dividing marital property and imposes a 60-day waiting period after filing.

For a general overview of the divorce process, see our complete guide to divorce.

Residency Requirements

To file for divorce in Mississippi, at least one spouse must have been a bona fide resident of the state for a minimum of six months immediately before filing the complaint. The divorce action is filed in the chancery court of the county where the defendant resides, or where the plaintiff resides if the defendant is a nonresident or has absconded from the state.

Grounds for Divorce

Mississippi recognizes the following grounds for divorce:

• Irreconcilable differences: The marriage has broken down and the differences between the parties are irreconcilable (no-fault). Under Miss. Code Ann. Section 93-5-2, both parties must consent to this ground, or the defendant must fail to contest within 30 days of service.
• Adultery
• Desertion for one year
• Habitual drunkenness
• Habitual and excessive use of drugs (opium, morphine, or similar substances)
• Habitual cruel and inhuman treatment
• Mental incapacity at the time of marriage
• Bigamy
• Natural impotence
• Pregnancy by another person at the time of marriage (unknown to the husband)
• Kinship within prohibited degrees
• Incurable mental illness with confinement in an institution for at least three years prior to filing
• Imprisonment (sentenced to any penal institution)

The consent requirement for irreconcilable differences is one of the most significant features of Mississippi divorce law. If one spouse contests the no-fault ground, the filing spouse must either prove a fault-based ground or negotiate the other spouse’s consent.

Filing Fees and Costs

Filing fees for divorce in Mississippi typically range from $150 to $300, depending on the county. Additional costs include service of process fees, any mediation expenses, and attorney fees. Fee waivers are available for individuals who demonstrate financial hardship.

Waiting Period

Mississippi imposes a 60-day waiting period from the date of filing before the court can enter a final decree of divorce on the ground of irreconcilable differences. This waiting period is among the longer mandatory periods in the United States. For fault-based divorces, the timeline depends on the court’s docket and the complexity of the case.

Property Division

Mississippi follows the equitable distribution model for dividing marital property, as established by the Mississippi Supreme Court in Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994). The court classifies property as marital or separate, then divides marital property fairly — though not necessarily equally.

The Ferguson factors include:

• The contribution of each spouse to the acquisition and accumulation of marital property
• The degree to which each spouse expended, withdrew, or otherwise disposed of marital assets
• The market and emotional value of the assets
• The value of each spouse’s nonmarital property
• The tax and other economic consequences of the distribution
• The extent to which property division may eliminate the need for alimony
• The needs of each party and any obligation from a prior marriage
• Any other factor in equity the court deems relevant

Mississippi courts distinguish between marital property and separate property. Separate property generally includes assets owned before the marriage, inheritances, and gifts to one spouse. However, separate property that has been commingled with marital assets may be subject to equitable distribution.

Alimony in Mississippi

Mississippi courts may award alimony under Miss. Code Ann. Section 93-5-23. The Mississippi Supreme Court recognized multiple types of alimony in Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993):

• Periodic alimony: Ongoing regular payments for support.
• Lump-sum alimony: A fixed amount, paid at once or in installments, that is not modifiable.
• Rehabilitative alimony: Support for a defined period to allow a spouse to become self-supporting through education or training.
• Reimbursement alimony: Compensation for contributions one spouse made to the other’s education or career development during the marriage.
• Transitional alimony: Short-term support to assist a spouse in adjusting to post-divorce life.

The court considers the income, earning capacity, health, and needs of each party, the length of the marriage, the standard of living during the marriage, and the fault of either party.

The Divorce Process

A typical Mississippi divorce follows these steps:

1. Filing the complaint. One spouse files a Complaint for Divorce in the chancery court of the appropriate county.
2. Serving the other spouse. The defendant must be formally served with the complaint and summons.
3. Response and consent (for irreconcilable differences). If filed on no-fault grounds, the defendant has 30 days to consent or contest.
4. Waiting period. The 60-day mandatory waiting period runs from the date of filing.
5. Discovery. Both parties exchange financial information.
6. Negotiation or mediation. The parties attempt to resolve disputes.
7. Trial or settlement. If the parties agree, the settlement is presented to the court. Otherwise, the case proceeds to trial.
8. Final decree. The court enters the final decree of divorce.

Uncontested divorces on irreconcilable differences grounds can be finalized in approximately two to three months. Contested fault-based divorces may take six months to two years or longer.

When to Consult an Attorney

Mississippi’s consent requirement for no-fault divorce, combined with the availability of numerous fault-based grounds, creates unique strategic considerations. If your spouse refuses to consent to irreconcilable differences, you will need to prove a fault-based ground, which requires evidence and litigation. Cases involving significant assets, business ownership, or disputes over alimony warrant legal representation. To discuss your situation, schedule a free consultation.