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The basics
Common questions
An uncontested divorce based on irreconcilable differences in Mississippi typically takes at least 60 days after the complaint is filed. Fault-based divorces do not have a mandatory waiting period but can often take longer due to litigation.
While it is not legally required to have a lawyer for a divorce in Mississippi, it is highly recommended, especially in cases involving complex property division, child custody, or support issues. An attorney can ensure your rights are protected and all legal requirements are met.
Yes, Mississippi is a no-fault divorce state, allowing divorce on the grounds of irreconcilable differences (Miss. Code § 93-5-2 (2022)). However, fault-based grounds such as adultery, desertion, or habitual cruel and inhuman treatment also exist (Miss. Code § 93-5-1 (2024)).
Mississippi follows the principle of equitable distribution (Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994)). This means marital property is divided fairly between spouses, though not necessarily equally, based on various factors considered by the court.
No, Mississippi does not recognize legal separation. Spouses are considered married until a final divorce decree is issued by the court.
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All 82 counties
Each county has its own Clerk of Courts where you file divorce paperwork. Find your county's e-filing portal and case search below.
Official sources