how to file for divorce in mississippi without a lawyer

How It Works

• Complete our simple online questionnaire Provide information about your marriage and dissolution by simply answering questions on our website.
• Review Completed Mississippi Forms Get 100% court-approved forms and we provide instructions on what to do next. ...
• File the Documents File the divorce papers in a courthouse or online. ...

Full Answer

How long does it take to finalize divorce in MS?

Feb 24, 2022 · To begin the process for divorce in Mississippi you must file a Complaint for Divorce with the Clerk’s Office of the chancery court where you or your spouse reside. You may also need to file one or more of the following forms along with the Complaint depending upon the type of divorce: Verification Marital Settlement Agreement

How long does a Mississippi divorce really take?

Jul 15, 2021 · You or your spouse must be a resident Mississippi for at least six months before filing the divorce petition. This will give the court jurisdiction over your divorce. How much does it cost to get a divorce? When you get a divorce in Mississippi, you will need to pay filing fees and process of service fees. Filing fees run around $50.

How much does a divorce lawyer cost 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.

What is the cheapest way to get a divorce?

Within your complaint, you'll need to attest that you or your spouse has been a resident of the state for six months, and you'll need to state a ground for divorce. In Mississippi, you can seek a no-fault divorce based on irreconcilable differences. See Miss. Code § 93-5-2 (2019).

Can you get a divorce in Mississippi without a lawyer?

In fact, Mississippi allows qualifying couples to file a joint divorce petition (known as a "complaint") and get their final divorce in as little as two months—without going to court. This article explains Mississippi's simplified uncontested divorce process, including how to qualify and file your paperwork.

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

Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesMississippi$400Missouri$133.50 (without minor children), $233.50 (with minor children) (District specific fees. This example is from Jefferson County Circuit.)Montana$170Nebraska$15848 more rows•Jul 21, 2020

How much is a uncontested divorce in Mississippi?

Divorce & SeparationItemFeeUncontested (Joint)$148.00Uncontested Divorce Master's Fee (Separate Check)$20.00Contested$158.00Separate Maintenance$158.00

Do it yourself divorce papers Mississippi?

Mississippi doesn't have a form for do-it-yourself (DIY) divorce papers, but the court clerk's office in your county may have a form or information about what to include. You can also prepare DIY divorce papers online.

How long do you have to be separated before 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.

How do I get a divorce if my husband refuses 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.Apr 5, 2016

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.Oct 7, 2013

Can you get a 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.

How long after a divorce can you remarry in Mississippi?

Divorce on the Grounds of AdulteryStatePost-Divorce Remarriage Waiting PeriodMississippiNoneMissouriNoneMontanaNoneNebraska6 months if to 3rd party; 30 days if same spouse47 more rows

How long does a uncontested divorce take in Mississippi?

The time it takes for a divorce to be finalized in Mississippi depends on how much you and your spouse are able to agree and cooperate with one another. If you file a non-contested divorce, a Final Judgment of Divorce may be entered around 60 days after the initial complaint was filed.Apr 2, 2021

Is adultery grounds for divorce in Mississippi?

Adultery is one of the biggest causes of divorce in the United States, and one of the 12 grounds for divorce in Mississippi. While no divorce is free of heartache and stress, divorces involving adultery are often the most painful.Oct 24, 2017

How do you file for divorce?

STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.Jan 27, 2020

Get Your Divorce Forms Completed Online

After answering a list of questions concerning your case, mississippionlinedivorce.com will complete all the necessary divorce forms for you in less than 48 hours. Using this option, you can be sure that the documents will be customized according to your personal circumstances and filled out following Mississippi laws and regulations.

Online Divorce Without a Lawyer in Mississippi

In Mississippi, an uncontested divorce can be arranged without a lawyer, but the paperwork can be exhausting to prepare all by yourself. Mississippi Online Divorce offers a compromise. For a price much lower than you’d have to pay a lawyer, you can entrust all the paperwork issues to us and spend your precious time on other significant matters.

How much does it cost to get divorced in Mississippi?

When you get a divorce in Mississippi, you will need to pay filing fees and process of service fees. Filing fees run around $50. This amount will vary slightly from county to county. You must also legally serve your spouse with forms once they are filed.

What does it mean when a marriage is annulled in Mississippi?

Annulments are rare, but they are granted in Mississippi. An annulment means a marriage is null and void as if it never happened. This is different from a divorce which simply ends a marriage.

Can a spouse file for divorce in Mississippi?

However, legal separation is not recognized in Mississippi, so spouses must either file for divorce or separate maintenance. With separate maintenance, the court will decide child custody, insurance issues, debts, and the use of the family home and vehicles.

Can I file for divorce in Mississippi without a lawyer?

Filing for divorce in Mississippi without using a lawyer. It is possible to file for divorce in Mississippi without using a lawyer. Many times, this is done to save money and occurs when you file an uncontested divorce. This means you and your spouse have agreed on all of the material issues in the divorce.

What is a no fault divorce?

A no-fault divorce merely requires you to state that there are irreconcilable differences. No other explanations are needed. To file a no-fault divorce, both sides must agree to the divorce based on irreconcilable differences. If either spouse does not agree, then divorce must be proved through a fault-based divorce.

How to get financial information?

Before you jump in to collecting financial information, take the following steps: Open a new checking and savings account in your name alone. Open a credit card in your name alone. Order a free credit report. Make a list of all the assets and liabilities that you’re aware of.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. He is a Chartered Financial Analyst, Certified Financial Planner practitioner, and Certified Divorce Financial Analyst. You can email him at jason@survivedivorce.com.

How long do you have to be a resident of Mississippi to get divorce?

To file for divorce in Mississippi, you must be a resident of the state for at least six months.

What is a no fault divorce in Mississippi?

A no-fault divorce occurs when a couple agrees to divorce and to the settlement of such issues as child custody and support, alimony, and property division. If one spouse sues the other to end the marriage, the plaintiff bases the suit on one of the 12 divorce grounds allowed ...

How long do you have to be a resident of Mississippi to file for divorce?

Before filing for divorce in Mississippi, either you or your spouse must have been a resident of the state for at least six months. If you meet state residency requirements, then you need to make sure you are filing your forms in the correct county. In Mississippi, if your spouse lives in the state, you have to file the complaint in ...

What information do you need to file for divorce?

Generally, as part of your financial disclosures, you'll need to submit information and supporting documentation regarding the following: income and expenses. assets and debts. tax returns. bank statements.

What is it called when you have to give your spouse a copy of your divorce complaint?

You have to give your spouse a copy of your filed Complaint for Divorce; this is called "serving" your complaint. You have multiple ways to serve the complaint on your spouse.

What is cruel treatment?

cruel treatment. insanity at the time of marriage. one spouse still married at date of current marriage (bigamy) wife pregnant by another man at time of marriage (if husband didn't know) incurable insanity (having been insane at least three years), or. the spouses are too closely related.

What to do if you can't find your spouse?

If you can't find your spouse, your spouse is actively evading service, or your spouse is in the military, you may need to serve your spouse by alternative means. One alternative means of service is by publishing notice of your divorce in the newspaper. You need to get court permission in order to use this method.

Can a process server serve a spouse?

After serving your spouse with the documents, the process server (or other adult) will complete a service affidavit attesting that your spouse has been served. If the process server has been unable to serve your spouse, you can ask the court for permission to serve your spouse via certified mail.

Do I Need a Reason for Divorce in Mississippi?

Yes, Mississippi law provides 12 fault-based grounds for divorce under Miss. Code Ann. § 93–5–1.

Why do I Need a Divorce Lawyer?

In divorce cases, litigants can commence legal action in a Mississippi Chancery Court without a lawyer. However, it may be necessary to retain or consult an experienced lawyer on the legal procedures for divorces in Mississippi, as well as the suitable forms to file with the court.

How do I Get Started in a Divorce in Mississippi?

To get started with a divorce case in Mississippi, the filing party must meet the requirements for residency: either spouse must be residing within the state for at least 6 months before filing a complaint, and other relevant divorce papers, with the Clerk of Chancery Court.

How to File for Divorce in Mississippi Without a Lawyer?

The legal process for filing a divorce without a lawyer is similar to that of filing with legal representation in Mississippi. However, the forms will differ if it is a divorce based on irreconcilable differences (no-fault). In pro-se (self-represented) no-fault divorces, individuals will need to file documents such as the:

How Does Mississippi Divorce Mediation Work?

Mississippi courts do not authorize or order mediation for divorce proceedings. Also, there are no provisions outlined by law or court rule. Although the courts cannot impose these sessions to resolve conflicts between parents, spouses can still partake in mediation outside the court to reach agreements or settlements concerning a case.

How Long After Mediation is Divorce Final in Mississippi?

In Mississippi, no laws or court rules require the attendance of mediation by spouses who cannot agree on parenting, custody, or visitation matters. This procedure is not part of divorce proceedings in the State.

Are Divorce Records Public in Mississippi?

Divorce records, decrees, and indexes are maintained by the Clerks of Chancery Court in Mississippi. Unlike the health departments of some U.S States, the Mississippi State Department of Health (MSDH) Vital Records office does not preserve divorce records or provide them to the public for a fee.

How long does a contested divorce take in Mississippi?

The particular and unique circumstances of your divorce will dictate how long it takes to complete. However, you should be prepared for a long process. Even uncontested divorces based on irreconcilable differences take at least 60 days.

How do I get a divorce when my husband refuses?

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.

Do I have to sign divorce papers in Mississippi?

Mississippi 3StepDivorce™ works as long as both you and your spouse agree about everything, and both of you are willing to sign the divorce paperwork. You do not have to sign the papers together, at the same time and place, but the Mississippi 3StepDivorce™ requires both spouses to sign.

What if only one person wants a divorce?

The truth is that if one person wants a divorce, it can happen. … The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.

Can a husband divorce his wife without her knowing?

You can divorce your spouse even if you can’t find him/her and even without their participation in the divorce proceeding, so long as a Judge is satisfied that your spouse had notice of the divorce proceeding. When your spouse is M.I.A., notice by publication may be your best option.

Can you go to jail for adultery in Mississippi?

If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly …

Can you sue for alienation of affection in Mississippi?

Yes, Mississippi is one of the few states where a husband or wife can file suit for Alienation of Affection against their spouse’s lover. Alienation of Affection is a civil lawsuit where the “other man or woman” can be held liable for actual and punitive money damages.