Question: Can I file my own divorce in MS?

If you and your spouse agree your marriage is over, you may be able to get a divorce in Mississippi based on irreconcilable differences. You can file the divorce papers yourself, and your divorce can be final in as little as 60 days.

How can I file for divorce in Mississippi without an attorney?

The most simple procedure is an uncontested divorce using the no-fault grounds. You and your spouse will either need to have a written agreement on property division, alimony, and child custody and support (if applicable); or sign a consent to allow the court to decide these matters.

How much does it cost to file for divorce in Mississippi?

The cost of filing the forms for divorce is around $52. There may be additional costs for serving (delivering) copies of the divorce complaint to your spouse ($25 usually covers the formal delivery of divorce papers).

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How do I file for divorce in Mississippi?

To file for divorce in Mississippi, you must be a resident of the state for at least six months. An irreconcilable differences divorce requires a 60-day waiting period, assuming the spouses resolve all issues within that time and the court has approved the property settlement agreement.

Do both parties have to sign divorce papers in Mississippi?

A petition for divorce must be filed. An agreement making sufficient and adequate provisions for support and maintenance of any minor children, division of all property and indebtedness and any other issues must be signed by both parties. The court will review and must approve the terms of the agreement.

How much does it cost for an uncontested divorce in Mississippi?

Divorce & Separation

Item Fee
Uncontested (Joint) $148.00
Uncontested Divorce Master’s Fee (Separate Check) $20.00
Contested $158.00
Separate Maintenance $158.00

Can you date while separated in Mississippi?

It is commonly asked by clients, “Can I date others?” The short answer is NO. In Mississippi divorce there is no such thing as “legal separation.” You are married until you are divorced. That means either party could get “fault grounds” against the other at any time prior to the divorce being granted.

How long does it take for a divorce to be finalized in Mississippi?

How long does a divorce take in Mississippi? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.

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Can you sue for adultery in Mississippi?

The Mississippi Supreme Court has said that to prove adultery, a plaintiff-spouse must show by clear and convincing evidence that the other spouse exhibited both an (1) adulterous inclination and a (2) reasonable opportunity to satisfy that inclination.

How long after divorce can you remarry in Mississippi?

You can remarry at any point after the final decree of divorce has be entered (ie, filed with the clerk), however, if you wanted to be extra careful or suspect your ex-spouse may appeal, you should wait an additional 30 days and ensure no appeal…

Can you file for divorce online in Mississippi?

The first form to complete when filing for divorce is the “Complaint for Divorce.” The spouse filing for divorce is referred to as the “plaintiff,” and the other spouse is the “defendant.” Mississippi courts do not publish divorce forms online, but your local court clerk may have divorce forms specific for your county.

On what grounds can I divorce my wife?

Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:

  • Adultery.
  • Desertion.
  • Insanity.
  • Conversion.
  • Renunciation.
  • Cruelty.
  • Venereal disease.
  • Presumption of death.


What is considered abandonment in Mississippi?

Under Mississippi law, “[w]illful, continued and obstinate desertion for the space of one (1) year” is grounds for divorce. … In other words, a spouse’s intentional and continued abandonment of the other (innocent) spouse for one year or longer, without interruption by reconciliation, constitutes desertion.

Can you still get a divorce if your spouse won’t sign in Mississippi?

Even if your spouse does not respond or even show up in court, you can still obtain a divorce as long as you go to court and bring a witness who will corroborate what you have to say. … A divorce based on irreconcilable differences can only be granted if both you and your spouse agree to it.

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Can you get a divorce if your spouse refuses to sign in Mississippi?

The Court can grant a divorce order, even if the spouse refuses to sign any documents. However, it still must be proven that the spouse was served the Application for Divorce by completing an Affidavit. Our divorce lawyer advises that you must fill in this form correctly, or risk having to serve the spouse again.

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