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Commonly Asked Questions about Mississippi Divorce Paperwork

How to File for Divorce in Mississippi A joint complaint for divorce. A property settlement agreement. A civil cover sheet form. Affidavit Under Uniform Child Custody Jurisdiction and Enforcement Act.
To file for divorce in Mississippi, you must be a resident of the state for at least six months. An irreconcilable differences divorce requires a 60-day waiting period, assuming the spouses resolve all issues within that time and the court has approved the property settlement agreement.
Divorce is never an easy process, but in Mississippi, theres an option that can make it quicker and less stressful: uncontested divorce. If you and your spouse can agree on the terms of your divorce, opting for an uncontested divorce might be the fastest way to legally end your marriage in this state.
The Chancery Clerks office will need to be contacted directly in order to obtain a certified copy of the divorce decree. Note: Though required by law, all divorce records are not on file with the Office of Vital Records. Divorce Records - Mississippi State Department of Health ms.gov page ms.gov page
The other option is to use an online divorce service that will provide you with the proper completed forms after you answer a series of questions about your situation. Once your paperwork is complete, submit it to the court clerks office for filing. The clerk should provide you with a case number.
Like many states, Mississippi has a residency requirement to file for divorce; in this state its six months, but theres no waiting period before a divorce can be declared final.
After youve filed your joint complaint based on irreconcilable differences, Mississippi has a 60-day waiting period before your uncontested divorce can be finalized. You generally wont need to attend a hearing. Rather, a judge will review your settlement agreement and other paperwork.
The divorce is filed in the chancery court of the county where the parties reside. If the parties have moved from the county they separated in, the case must be filed in the county where the defendant resides. Divorce | Mississippi - MSLegalServices.org mslegalservices.org resource divorce-3 mslegalservices.org resource divorce-3
If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out. Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway.
The filing fee for a contested divorce is around $160, and the filing fee for an uncontested divorce is $150. You may also have to pay additional fees for copies, certificates, or motions. Service fee: This is the fee that you have to pay to the person or service that delivers the divorce papers to your spouse.