how to get a divorce in mississippi without a lawyer

You should file the Complaint for Divorce at the clerk’s office of your local chancery court along with supporting documents and filing fee. Mississippi will grant a divorce without considering fault by a spouse, as long as both spouses agree to it. You and your spouse must file a Joint Complaint for Divorce.

Full Answer

Is there a no fault divorce in Mississippi?

No Fault Divorce Laws Along with the standard reasons for divorce, Mississippi also offers what is known as a “no fault” divorce. Under this law, you don’t have to allege or prove any specific wrongdoing on the part of your spouse in order to get a divorce.

What are the grounds for divorce in Mississippi?

• caused or attempted to cause bodily injury;
• caused or attempted to cause physical threat to put you in fear of immediate serious bodily harm; or
• engaged in a pattern of behavior against you of threats or intimidation, emotional or verbal abuse, forced isolation, sexual extortion or sexual abuse, or stalking or aggravated stalking;

How to find a divorce record in Mississippi?

• Full names of the divorced individuals named on the record
• Date of the divorce
• County where the divorce was finalized
• A valid photo ID of the requester
• Contact details of the requester (phone number and mail address)

How does adultery affect divorce in Mississippi?

• the income and expenses of the spouses
• the health and earning capacities of the spouses
• the needs of each spouse
• the debts and assets of each spouse
• the length of the marriage
• the presence or absence of minor children in the home, which may require that one or both spouses pay for or personally provide child care
• the age of the spouses

More items...

What is the cheapest way to get a divorce in Mississippi?

If you can file for an uncontested divorce in Mississippi based on irreconcilable differences, the entire process will be much easier, quicker, and less expensive than a traditional, contested divorce.

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

Court costs will vary, depending on the county in which you file your divorce complaint. 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).

What is the fastest way to get a divorce in Mississippi?

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.

Can I do my own 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 much does a divorce cost if both parties agree 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 fast can you get a divorce 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.

Can you get a divorce without the other person signing 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.

Can you file for divorce online in Mississippi?

Start your no-hassle divorce in Mississippi with mississippionlinedivorce.com. This online service is suitable for any uncontested divorce and will help you prepare all the necessary documents in record time.

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

What is the wife entitled to in a divorce in Mississippi?

Thus, when it comes to property division, Mississippi is not a “community-property” state whereby all of the divorcing spouses' assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce.

What documents are needed to file for a divorce?

What Documents do I Need to File for Divorce?Copy of Your ID Document and/or Passport,Proof of Your Income Tax Number (Salary Slips / Tax Return) and.Proof of Your Residential Address.

How long after a divorce can you remarry in Mississippi?

27. Mississippi. There is no period following the entry of a divorce decree during which both parties are prohibited from remarrying, although the decree may provide in the discretion of the court whether or when a party guilty of adultery shall marry again.

How long does it take to get divorce papers in Mississippi?

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.

Can I get divorced online in Mississippi?

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.

Is online divorce legal in Mississippi?

All the legal forms provided by Mississippi Online Divorce are recognized by the Mississippi Judiciary, so we guarantee that our customers will have no trouble filing the documents in the court . Using Mississippi Online Divorce is an affordable, safe, and effortless way to get an uncontested divorce.

What to argue about when filing for divorce in Mississippi?

Most divorcing couples that can’t reach an agreement usually argue about property division, alimony or child custody. If you are filing for divorce in Mississippi, you should be aware of how courts often adjudicate these issues.

How to file a complaint for divorce in Mississippi?

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:

How long do you have to live in Mississippi to file for divorce?

You or your spouse must have resided in the county for six months prior to filing. Mississippi is a no-fault state, so you may obtain a divorce based on irreconcilable differences.

How long does it take to get divorce in Mississippi?

If the judicial caseload allows, you may be able to complete an uncontested divorce in Mississippi in as little as 60 days.

What is legal custody in Mississippi?

Mississippi recognizes legal custody as the authority to make decisions regarding the child’s welfare and physical custody as the housing and care of the child. Mississippi courts will take into consideration all of the following criteria before making any custody determination: the child’s age, health, and gender.

How long do you have to be married in Mississippi to have a child?

You or your spouse must have resided in the state of Mississippi and the county where you file for at least six months.

How long does it take to get a no fault divorce?

There is a minimum waiting period of 60 days to finalize a no-fault divorce, but most divorces require considerably more time to progress through the system. You should file the Complaint for Divorce at the clerk’s office of your local chancery court along with supporting documents and filing fee.

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 is the first form to file for divorce 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.

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 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 happens if one spouse doesn't disclose assets?

Either spouse's failure to disclose assets could impact a property award or result in fines. In some cases where one spouse has hidden assets, a judge will award the non-disclosed asset to the other spouse.

What happens 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.

How to contact Mississippi Legal Services?

You can contact Mississippi Legal Services toll free at 1-800-498-1804 for more information and to see if you qualify. Talk to a Lawyer.

What happens if you divorce a married couple in Mississippi?

Whether you live in Mississippi or elsewhere, divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of the parties will be unable to be self-supporting after the divorce, the issue of alimony may also arise. If there are minor children, the issues ...

Where to file for no fault divorce in Mississippi?

For a no-fault divorce, if both parties are Mississippi residents, you may file in the Chancery Court in the county where either party lives. If your spouse (the defendant) is not a resident, you may file in the county where you (the complainant) reside. If you use one of the fault-based grounds for divorce, the following rules apply: If ...

What are the reasons for divorce in Mississippi?

The fault-based grounds for divorce in Mississippi are: 1 natural impotency, 2 adultery, 3 being sentenced to a penitentiary, 4 “willful, continued and obstinate desertion” for 1 year, 5 habitual drunkenness, 6 habitual and excessive use of opium, morphine or other like drug, 7 habitual cruel and inhuman treatment, 8 having mental illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity, 9 marriage to some other person at the time of the pretended marriage between the parties, 10 pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy. 11 the parties are related to each other within the degrees of kindred between whom marriage is prohibited, and 12 incurable mental illness.

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

In order to file for divorce in Mississippi, either you or your spouse must be a resident of the state for at least 6 months, and not have moved to Mississippi for the reason of filing for divorce. (However, considering the details of divorce law in Mississippi, it is difficult to conceive of a situation where anyone would want to move ...

What is the custody of a minor in Mississippi?

If you and your spouse have any minor children, there will have to be a custody determination. The court must decide the issues of legal custody (concerning the right to make major decisions about the child’s welfare), and physical custody (concerning where the child lives and the time each party spends with the child). Custody, legal or physical, may be awarded to one party or to both parties jointly. If both parties agree to joint custody, it will be presumed to be in the child’s best interest. Unlike most states, Mississippi child custody law does not set forth any particular factors the judge must consider in making a custody, but only states that consideration should be given to “the circumstances of the parties and the nature of the case.”

What is the procedure for a divorce?

Procedures. 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.

What are the fault based grounds for divorce in Mississippi?

The fault-based grounds for divorce in Mississippi are: natural impotency, adultery, being sentenced to a penitentiary, “willful, continued and obstinate desertion” for 1 year, habitual drunkenness, habitual and excessive use of opium, morphine or other like drug, habitual cruel and inhuman treatment, having mental illness or an intellectual ...

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.

How to minimize the impact of divorce?

Divorce can be intimidating and disruptive on many levels, and the best way to minimize the impacts on your life is to do your homework so that you can protect yourself as you try to move to the next chapter.

What happens if both spouses agree to divorce?

If both spouses agree to divorce based on irreconcilable differences but can’t reach agreement on various issues, then the court will decide those issues as part of a trial. This can add several additional weeks to the process.

How long does it take to get a summons in Mississippi?

If there is no newspaper, then the notice can be posted at the county courthouse. After completion of publication, the defendant has 30 days to respond. A summons is served on a person outside Mississippi by sending divorce papers to the respondent by certified mail, return receipt requested.

What to do if you can't afford to pay filing fees?

If you can’t afford to pay the filing fee, you can request a fee waiver and ask the court for relief .

Can a military spouse file for divorce in Mississippi?

Under the federal law that applies in Mississippi and all states, service members and their spouses have the option to file for divorce in the state where the spouse that filed resides, in the state where the service member is stationed or in the state where the service member is a legal resident. The grounds for a military divorce in Mississippi ...

Can you divorce a military member in Mississippi?

The grounds for a military divorce in Mississippi are the same as those for a civilian divorce. You can either cite irreconcilable differences or cite one of 12 grounds as the basis for your complaint. Military service members have certain protections under the Servicemembers Civil Relief Act.

What are the grounds for divorce in Mississippi?

To divorce on these grounds, the spouse must prove such conduct occurred over a period of time and was physical in nature (i.e., beatings) or had an adverse physical effect on him or her. Bigamy and incest are two other grounds for divorce in Mississippi.

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.

How long does it take for a divorce to be postponed?

The other grounds have no particular waiting period, but the other spouse must receive notification at least 30 days prior to trial. If the wife is pregnant when the divorce is filed, the court usually postpones the case until the child is born in order to address child support issues.

What are the pre-existing conditions for divorce in Mississippi?

Natural impotency, insanity or idiocy, and a wife's pregnancy by another person at the time of the marriage are pre-existing conditions that are grounds for divorce in Mississippi. In these cases, the innocent spouse must not have known of the condition prior to the marriage. Adultery, custody to the Mississippi Department of Corrections, ...

What happens when a marriage fails in Mississippi?

When a marriage fails, divorce is the judicial decree which legally ends the relationship. Mississippi law provides several legal methods for a couple to divorce. 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.

What happens if one spouse sues the other to end the marriage?

If one spouse sues the other to end the marriage, the plaintiff bases the suit on one of the 12 divorce grounds allowed by state law, and the court decides whether to grant the divorce. Desertion is a spouse's willful abandonment of the marriage for at least one year without consent, just cause, excuse, or intention to return.

How To Draft a Divorce Settlement Agreement by Yourself

A divorce settlement agreement (also known as a marital settlement agreement) is the most important document you need to have when filing for an uncontested divorce—the entire divorce process hinges upon it.

DoNotPay Creates Your Mississippi Divorce Settlement Agreement in a Snap!

Why bother with unreliable online templates or waste money on lawyers when you can have our app draft your divorce settlement agreement in a few minutes? The best part is that it takes almost no effort on your part since our app does most of the work! All you need to do is complete the following steps:

Need To Do Some Penny-Pinching?

Whether you’re saving for rainy days or a new gadget, DoNotPay can provide numerous options to save and earn more cash.

What to Know Before Filing For A Mississippi Divorce

Finding and Preparing Your Mississippi Divorce Papers

Filing and Serving The Divorce Papers

• For divorces based on irreconcilable differences, you'll file your divorce papers with the Chancery Court Clerkin the Mississippi county where either you or your spouse lives. For fault-based divorce, you'll file in the county where your spouse lives or, if your spouse lives out of state or can't be found, where you live. (Miss. Code § 93-5-11 (202...

See more on divorcenet.com

Finalizing Your Mississippi Divorce