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LHM uses advanced
security technology to
protect your personal information
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Before you start completing your uncontested divorce forms with us,
please read all the requirements for Mississippi divorce. Make
sure that your situation matches all the requirements.
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Requirements for Mississippi divorce
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Residency Requirements:
In order to file for a dissolution of marriage in Mississippi, one of
the spouses must have been a resident of Mississippi for at least 6
months, and not have secured residency for the purpose of obtaining a
divorce. A member of the armed services and his or her spouse are
considered residents if stationed in Mississippi.
Legal Separation:
There are provisions for separate maintenance.
General Divorce Procedure:
A divorce grounded in irreconcilable differences will be granted if
both wife and husband jointly filed for divorce; or a bill of complaint
was filed and the defendant either entered an appearance by written
waiver of process or was personally served with the complaint. If the
spouses cannot agree to child custody, or to the division of property,
then the court will have a hearing 60 days after filing for divorce.
Where to file for divorce::
A divorce on the ground of irreconcilable differences should be
filed for in the county where either spouse resides if both spouses
are residents of Mississippi, or in the county where one spouse resides
if the other spouse is not a resident of the state. A divorce sought on
fault-based grounds should be filed for the county where the defendant
resides if he or she is a resident of Mississippi, or the county where
the plaintiff resides if the defendant is a non-resident of Mississippi,
or the county where the spouses last lived prior to separation,
if the plaintiff is still a resident of the county in which she/he files
for divorce.
Mediation or Counseling:
There is no legal provision in Mississippi regarding mediation.
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Grounds for Mississippi Divorce:
Mississippi recognizes Fault-based and No-fault
grounds for divorce.
No-fault:
Mississippi recognizes only irreconcilable differences as a
ground for a no-fault divorce.
Fault-based:
Mississippi’s fault grounds include:
1) adultery;
2) impotence;
3) alcoholism or/and drug addiction;
4) confinement for permanent insanity for at least
three years;
5) pregnancy by another at the time of
marriage without the husband’s knowledge;
6) cruel and inhuman treatment;
7) willful desertion for one year or more;
8) imprisonment;
9) mental incapacity at the time of consent;
10) incest.
Marriage to some other person at the time of the current marriage is
also a ground for divorce. In addition, an affidavit must be filed stating
that there is no collusion between the spouses.
Title of Divorce action:
Bill of Complaint for Divorce.
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Rights to Maiden Name:
Either spouse may request name change.
Go to "Change Name" service
Filing Fees:
Court filing fees are in addition. Please check with your local
courthouse to determine the exact amount.
* Related Uncontested Divorce Facts
* Related Uncontested Divorce News
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