Mississippi Divorce Laws

Grounds for Divorce in Mississippi

No-Fault Grounds

Mississippi recognizes no-fault divorce based on:

• Irreconcilable differences (both parties consent)

Fault-Based Grounds

Mississippi also allows divorce based on fault, including:

• Adultery
• Impotency
• Prison sentence
• Desertion (1 year)
• Habitual drunkenness
• Habitual drug use
• Cruel treatment
• Mental illness
• Bigamy
• Pregnancy by another
• Incest
• Incurable mental illness

Residency Requirements

To file for divorce in Mississippi, you must meet the following residency requirements:

You must be able to prove residency at the time of filing. Proof typically includes driver's license, voter registration, utility bills, or other official documents showing your address.

Property Division

Mississippi follows the Equitable Distribution (title-based) method for dividing marital property.

Under equitable distribution, the court divides marital property fairly, but not necessarily equally. The court considers various factors including:

• Length of the marriage
• Each spouse's income and earning potential
• Each spouse's contribution to marital property
• Age and health of each spouse
• Custody arrangements for children

Child Custody

Mississippi courts determine custody based on the Best interests of the child (Albright factors) standard.

Courts consider multiple factors including:

• The child's relationship with each parent
• Each parent's ability to provide care
• The child's adjustment to home, school, and community
• Mental and physical health of all parties
• Any history of domestic violence
• The child's preferences (depending on age)

Alimony/Spousal Support

When determining alimony in Mississippi, courts typically consider:

• Income and expenses
• Health and earning capacity
• Needs of each party
• Obligations and assets
• Length of marriage
• Age of parties
• Standard of living
• Fault in breakup

Important Notes

Filing for Divorce in Mississippi

1. Meet Residency Requirements

   Ensure you meet Mississippi's residency requirement of 6 months.

2. Gather Documents

   Collect financial records, property documents, and information about debts, assets, and children.

3. File Petition

   File a divorce petition with the appropriate court. Filing fees are typically $150-$200.

4. Serve Your Spouse

   Your spouse must be officially served with the divorce papers according to state law.

5. Waiting Period

   Mississippi has a waiting period of 60 days.

6. Negotiate or Litigate

   Work toward a settlement agreement or proceed to court if issues cannot be resolved.

7. Final Decree

   Once all issues are resolved, the court will issue a final divorce decree.

Official Resources

For official forms and additional information, visit the Mississippi court website: