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- What are the residency requirements for divorce in Mississippi?
- What are the grounds for divorce in Mississippi?
- What else do I need to know about getting a divorce based on irreconcilable differences in Mississippi?
- What else do I need to know about getting a divorce based on adultery?
- How can I prove domestic abuse for a divorce based on cruel and inhuman treatment?
- What else do I need to know about getting a divorce based on incurable mental illness?
- Can I get alimony?
- What are the basic steps for filing for divorce?
- Where can I find additional information about divorce in Mississippi?
What are the residency requirements for divorce in Mississippi?
You can file for divorce in Mississippi if you or your spouse are actual residents of Mississippi for six months before starting your case. Residency includes a member of the armed services and their spouse being stationed in Mississippi. You and your spouse cannot become residents for the sole purpose of getting a divorce.1
1 Miss. Code § 93-5-5
What are the grounds for divorce in Mississippi?
Grounds are legally acceptable reasons for divorce. The judge may grant you a “no-fault” divorce based on irreconcilable differences if:
- both you and your spouse agree to get a divorce under this ground; or
- you file a divorce petition, and your spouse does not respond to the petition or does not appear in court (defaults).1
A judge may grant you a fault-based divorce if you can prove that your spouse:
- is naturally impotent;
- cheated on you (adultery);
- deserted you for at least one year;
- is habitually drunk;
- excessively and habitually uses opium, morphine, or other similar drugs;
- habitually treats you in a cruel and inhuman way, including domestic abuse;
- had a mental illness or intellectual disability you did not know about at the time of your marriage;
- was already married to someone else when you “married” each other;
- was pregnant by someone else when you got married and you did not know about the pregnancy;
- is related to you;
- is incurably mentally ill; 2 or
- has been sentenced to any Mississippi state jail or prison (penitentiary) without pardon.3
1 Miss. Code § 93-5-2
2 Miss. Code § 93-5-1
3 Daughdrill v. Daughdrill, 180 Miss. 589 (1938)
What else do I need to know about getting a divorce based on irreconcilable differences in Mississippi?
In addition to the fault-based grounds, a Mississippi judge may grant you a divorce based on irreconcilable differences. To get a divorce because of irreconcilable differences, one of the following must be true:
- You and your spouse filed a joint complaint to request the divorce; or
- The spouse who did not start the case:
- was personally served with the complaint; or
- they appeared in the case by filing a written “waiver of process.” The waiver is a document stating that your spouse agrees they don’t need to be served with the complaint under the court rules or state laws.1
A judge will wait 60 days after you file your divorce complaint before hearing your case. If you and your spouse agree on all the terms of your divorce, the judge may issue the divorce based on your complaint without a hearing. The terms of the divorce might include custody, child support, property division, etc. However, if you both do not agree on the terms of the divorce, the judge may hold a hearing, consider evidence, and decide on the issues on which you disagree.2
A judge will only grant you a divorce based on irreconcilable differences if you and your spouse agree that your marriage is beyond repair. If your spouse contests the divorce or denies that there are irreconcilable differences, the judge can only grant the divorce if your spouse withdraws or cancels the denial or the contest.3 If they don’t, you may have to file for a fault-based divorce instead.
1 Miss. Code § 93-5-2(1)
2 Miss. Code § 93-5-2(3), (4)
3 Miss. Code § 93-5-2(5)
What else do I need to know about getting a divorce based on adultery?
In Mississippi, you cannot file for divorce based on adultery if either of the following things is true:
- you and your spouse planned the cheating in order to get a divorce; or
- you and your spouse lived together as a married couple after you found out about the cheating.1
1 Miss. Code § 93-5-1
How can I prove domestic abuse for a divorce based on cruel and inhuman treatment?
In Mississippi, you can file for a fault-based divorce on the grounds that your spouse has routinely treated you in a cruel and inhuman way. You can prove domestic abuse through your testimony that your spouse:
- caused or attempted to cause you bodily injury;
- used physical threats to put you in fear of immediate serious bodily harm; or
- engaged in a pattern of behavior against you that included:
- threats or intimidation;
- emotional or verbal abuse;
- forced isolation;
- sexual extortion;
- sexual abuse;
- stalking; or
- aggravated stalking.1
1 Miss. Code § 93-5-1
What else do I need to know about getting a divorce based on incurable mental illness?
In Mississippi, you can file for a fault-based divorce on the grounds that your spouse has an incurable mental illness. You will have to prove that for at least three years before you filed for divorce, your spouse has been:
- under regular treatment for the illness; and
- confined in an institution, even if they were released and then returned back to the institution.1
Two doctors must sign affidavits that your spouse has an incurable mental illness. At least one of the physicians must be either:
- the superintendent of a state or veterans psychiatric hospital; or
- a member of the medical staff at the institution where your spouse lives.1
1 Miss. Code § 93-5-1
Can I get alimony?
Unless you and your spouse agree to an amount, the judge has the right to decide both:
- whether or not to award alimony; and
- how much to award.1
The judge must make sure that their decision is just and equitable. They must also consider each spouse’s circumstances. If you or your spouse asks for it, the judge can change the award in the future if necessary.1
The judge will consider several factors in deciding whether to grant alimony. The factors include:
- the income and expenses of the spouses;
- the health and earning abilities of the spouses;
- the needs of each spouse;
- the debts/responsibilities and assets of each spouse;
- the length of the marriage;
- the presence or absence of minor children in each home;
- the age of the spouses;
- the standard of living of the spouses;
- the tax consequences of the support decree;
- fault or misconduct;
- waste of assets by either spouse; and
- any other factor deemed to be fair and equitable.2
1 Miss. Code § 93-5-23
2 Armstrong v. Armstrong, 618 So.2d 1278 (1993)
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- Meet the residency requirements of the state you want to file in.
- Have a legally acceptable reason (“ground”) to end your marriage.
- File divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and serving your spouse with notice of the case, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
- If your spouse disagrees with anything in the divorce papers, they can file papers telling their side. This is called “contesting the divorce.” If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort out the issues.
On the other hand, if your spouse agrees with everything, this is called an “uncontested divorce.” Your spouse should then sign the papers and return them to you or to the court. However, if your spouse fails to sign the papers or file an answer or any other response within the time the law requires, you may still be able to proceed with an uncontested divorce. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
In a divorce case, you can also address the following issues, if they are relevant to your situation:
- child custody and co-parenting;
- dividing up property, money, and debts; and
- spousal and child support.
You and your spouse may resolve these issues in an out-of-court settlement or through court hearings. You may want to have a lawyer review any agreement before you sign it. They can help make sure that you understand what you’re agreeing to and that all your rights are protected.
Where can I find additional information about divorce in Mississippi?
The Mississippi Bar has the following resources:
- an explanation of the grounds for divorce;
- information about alimony; and
- information on child support and custody.
North Mississippi Legal Rural Services also provides information on divorce.
WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.
You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. You can also learn more about the court process on our Preparing for Court – By Yourself page.
