Overview: Filing for Divorce in Mississippi Without a Lawyer

Mississippi requires 6 months residency with a 60-day waiting period. The state requires both parties' consent for no-fault divorce and uses title-based property division. DIY divorce requires both parties' agreement.

Can You File Without a Lawyer in Mississippi?

✓ Good Candidates for DIY Divorce:

  • Both consent to irreconcilable differences
  • No minor children or agreement on custody/support
  • Agreement on property division
  • No spousal support disputes
  • Both willing to sign joint complaint

⚠ Consider Hiring a Lawyer If:

  • Spouse won't consent to no-fault divorce
  • Complex property disputes
  • Child custody disputes
  • Fault grounds exist
  • Significant assets

Step-by-Step: How to File for Divorce in Mississippi

Step 1

Verify 6-Month Residency

Either spouse must have lived in Mississippi for 6 months before filing.

⏱ Estimated Time: N/A
💡 Tips:
  • Mississippi driver's license
  • Voter registration
  • Utility bills
Step 2

Obtain Spouse's Consent

Both parties must consent to irreconcilable differences for no-fault divorce.

⏱ Estimated Time: N/A
💡 Tips:
  • Mississippi requires both parties' consent
  • Without consent, must use fault grounds
  • Both must sign complaint
Step 3

Complete Joint Complaint

Both parties complete and sign Joint Complaint for Divorce.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Filing fee: $150-200
  • Both must sign
  • State irreconcilable differences
Step 4

File with Chancery Court

Submit joint complaint to chancery court in your county.

⏱ Estimated Time: 1 day
💡 Tips:
  • Bring original + copies
  • Pay filing fee
  • Get case number
Step 5

Wait 60 Days

Mississippi requires 60-day waiting period from filing.

⏱ Estimated Time: 60 days
💡 Tips:
  • Cannot finalize earlier
  • Prepare settlement agreement
Step 6

Prepare Property Settlement

Draft agreement on property division.

⏱ Estimated Time: 4-6 hours
💡 Tips:
  • Mississippi uses title-based division
  • Address titled property
  • Both must sign
Step 7

Attend Hearing

Both parties appear before chancellor.

⏱ Estimated Time: 30-60 minutes
💡 Tips:
  • Both must attend
  • Answer chancellor's questions
  • Confirm agreement
Step 8

Receive Final Decree

Court issues Final Decree of Divorce.

⏱ Estimated Time: Immediately
💡 Tips:
  • Request certified copies
  • Effective immediately

Required Forms for Mississippi Divorce

Joint Complaint for Divorce (Varies by county)

Required
📄 Download Form

Property Settlement Agreement (Custom)

Required

Final Decree (Varies)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for Mississippi DIY Divorce

💰 DIY Divorce

$150-200
  • Filing fee: $150-200
  • Service fee: $0 (joint complaint)
  • Misc costs: $25-$100

👔 With Attorney

$3,000-12,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

Common Pitfalls to Avoid

1

Not obtaining spouse's consent for no-fault

2

Not understanding title-based property division

3

Missing 60-day wait

4

Not attending hearing

Frequently Asked Questions About Mississippi DIY Divorce

Why does Mississippi require both parties' consent for no-fault divorce?

Mississippi is unique in requiring mutual consent for irreconcilable differences divorce. Without consent, you must prove fault grounds like adultery or desertion.

What is title-based property division?

Mississippi primarily divides property based on whose name is on the title. This differs from states that divide all marital property regardless of title.

Can I file for divorce without a lawyer in Mississippi?

Yes, if both parties consent to irreconcilable differences and agree on all terms. Contested divorces are more complex and typically require attorneys.

Need Professional Help?

While DIY divorce can save money in Mississippi, consulting with an attorney can help you understand your rights and avoid costly mistakes.