divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

filing  :: filing-by-state

Filing for Divorce in Mississippi

Filing for Divorce in Mississippi

Getting a Divorce in Mississippi? Divorce Law Cheat Sheet for the State of Mississippi


1. What are the residency requirements for filing for divorce in Mississippi?  
You or your spouse must have been a resident of the state for at least six months before filing. If you’re a member of the armed services, stationed in Mississippi and living there with your spouse at the time that you separate, you are considered residents.  

Unless you are filing solely on the ground of irreconcilable differences, you also must file in the county in which your spouse lives; or, if he or she is no longer a resident, in the county where you lived when you separated, if you still live there. If not, then you must file in the county where you live.  

If you file for divorce solely on the ground of irreconcilable differences, you can file in the county where either you or your spouse lives, if you both are residents of the state. If one of you is no longer a resident, then you must file in the county where the other still lives.  

2. Does Mississippi have a waiting period?       
If you file for a divorce on the ground of irreconcilable differences, the court will not hold a hearing for at least 60 days.  

3. Does the state have grounds for divorce?  
Yes. You may file for divorce in Mississippi on these grounds:

1. Your spouse is impotent.
2. Your spouse committed adultery — had an affair (unless it looks like you and your spouse planned this to have a ground for divorce, or you and your spouse lived together as husband and wife after the incident).
3. Your spouse is sentenced to prison without pardon.
4. Your spouse has purposefully deserted you and been gone for more than a year.
5. Your spouse is habitually drunk.
6. Your spouse habitually abuses drugs.
7. Your spouse is habitually cruel and inhumane.
8. Your spouse was insane at the time of your marriage, and you did not know it. 
9. Your spouse was already married to someone else at the time you thought you were married.
10. Your spouse was pregnant by someone else at the time of your marriage, and you did not know it.
11. Your spouse turns out to be related to you.
12. Your spouse is incurably insane, meaning he or she has been in treatment and confined to an institution for at least three years, and two physicians have signed an affidavit stating that he or she is mentally disturbed (you may be required to provide for care for the rest of your spouse’s life, unless he or she has the means to pay for it).  

You also may file on the ground of irreconcilable differences, but only if you and your spouse file together, or your spouse has been personally served with divorce papers, or your spouse has waived this process in writing. Mississippi will not grant a divorce for irreconcilable differences if your spouse contests or denies it, unless your spouse withdraws or cancels his or her contest or denial.  

Irreconcilable differences may be the ground on which you file for divorce, or it may be an alternate ground for divorce with any of the other causes listed above.  

4. How does Mississippi determine the division of property?    

Mississippi is a title state, which means that you and your spouse keep what you each have titled in your name. Beyond that, the court will consider what is equitable, or fair, in dividing your property. To determine what is fair, the court takes into consideration: 
  • Whether you or your spouse made a substantial contribution toward acquiring your property.
  • The way you and your spouse each handled your marital property.
  • The value of your marital property.
  • The value of you and your spouse’s separate property.
  • The tax situation you each would face after your property is divided.
  • How dividing your property might make alimony unnecessary.
  • You and your spouse’s needs and assets.
  • You and your spouse’s income and earning capacities.
  • Anything else the court considers relevant.  

Page: 1 2 3 Next>> Last

divorce New this week::

Transition Institute: Telling Your Spouse You want to Split - Mental Health: The Dos, Don'ts of Telling Your Spouse You Want a Divorce


Your Kid Wants To Live With Ex - Tips On How To Cope If Your Child Wants To Change Homes


Living with a Habitual Liar? - Relationships: Four Ways You Can Tell if Your Spouse is Telling You a Whopper


divorce Community::
popular blogs
The Single Mom Saga
Since my divorce my main focus has been financial security and safety.  I have...read more 

Hoping last court date!
I have one more court date in this drama really hoping that this will end...read more 

Successful Affiliate Marketing
Affiliate marketing can be one of the most successful forms of marketing if...read more 

get/give answers
I have come to understand that when ever life looks like the world is coming to...Read Answers/share yours 

Dr. Wakina is a great spell Doctor
Thank you great Dr. Wakina and your Oracle for helping us via...Read Answers/share yours 

i'm in love with my husband have been since we met over 12 yrs ago however...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 

expand information center
divorce360.com's ecards

Find divorce professionals in your area

Find lawyers
Find financial professionals
Find coaches
divorce focused content ::
divorce most popular ::
1. Eager To Check Those Texts?
Think your Spouse is Cheating? Professionals Can Check Text Messages

2. 8 Things No One Ever Tells You about Divorce
Number Three May Surprise You

3. They Won't Leave? Now What?
You Want a Divorce, but Your Spouse Won’t Leave. Here’s How to Get 'em out

4. When Is a Marriage Worth Saving?
10 Things to Think About When Considering Whether to Stick with a Relationship

5. The Signs Of A Controlling Spouse
If Your Spouse Is Doing This, They Are Controlling