Mississippi Divorce

A Mississippi divorce, or dissolution of marriage, can be filed in Mississippi by either spouse to end the marital relationship. Upon completion of a Mississippi divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Mississippi divorce without the expense of an attorney.

Types of Divorce in Mississippi

Simplified Dissolution

A no-fault divorce in Mississippi on the grounds of irreconcilable differences will be granted if both spouses jointly file for divorce or a divorce petition has been filed and the Respondent spouse has entered an appearance by written waiver of process or has been personally served with the divorce papers. If there is a written agreement between the spouses for the care and custody of any children and for the division of all property, the court may incorporate such an agreement into the divorce judgment. If the spouses cannot agree on the terms of an agreement, they must consent to the divorce in writing and consent to allow the court to decide all contested issues. A petition for divorce meeting these qualifications will be taken as proved and no testimony or proof will be required at the hearing. However, if the defendant denies that there are irreconcilable differences, a divorce in Mississippi may not be granted on these grounds.

Alternatives to Divorce in Mississippi

A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. Currently, there are no provisions in Mississippi for legal separation.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. Annulments are most often sought by people who feel stigmatized by the status of being divorced, or for ease of remarriage in their particular religion. If there are children born of the marriage, an annulment may not be granted, and the marriage may only be dissolved by divorce.