Where to File
Be sure that Mississippi has jurisdiction for your divorce
You must be able to establish that you have been a resident of the state for six months prior to the date that you file your divorce complaint, or that your spouse your spouse is a resident of Mississippi and will be personally served the dissolution of marriage papers.
If you have minor children who have lived with your spouse in another state for more than six months, it may be to your advantage to file in that state, since its courts will have the power to decide what happens to the children. Note: Your spouse has the option to waive that jurisdiction, which must be done properly, in writing.
With the exception of an option for residents living overseas, you must file your divorce in the county in which you presently live, or in the county where your spouse resides, if different. You or your spouse must have a residence within the county (in Mississippi) in which you file for your divorce. If you live overseas, you can file in Mississippi if you have maintained your residency in Mississippi.
Military personnel on active duty--or their spouses--can file for divorce in Mississippi provided they have been stationed in the state for six months or were residents of the state upon entering active duty.
Our staff is highly knowledgeable about special military requirements and the details of Soldiers and Sailors Civil Relief Act.
Grounds For Divorce
NO-FAULT or FAULT ?
Mississippi law states that irreconcilable differences is the only ground for a no-fault divorce.IMPORTANT: If you serve your spouse via the publication method you must use a Fault ground listed below.
Mississippi’s fault grounds for divorce include, but are not limited to:
3. Alcoholism or substance abuse
4. Willful desertion for one year.
Waiting Periods refer to the time that a court requires to pass from the time the divorce is filed and the time that your divorce decree becomes final.
Divorce law in Mississippi requires that after 60 days pass rom the date of filing, the court will issue a court date for finalizing your divorce.
Mississippi law also stipulates that neither you nor your spouse may remarry, except to each other, until 60 days following the entry of the judgment of divorce.