Mississippi Divorce Laws

While all states have regulations on marriage, they also have regulations that apply if a marriage comes to an end. A state’s legal requirements for divorce set out the process by which a person can get a divorce. And in the Magnolia State, it may be more complicated to get out of than it is to get into it. Here is a brief overview of the legal requirements for divorce in Mississippi.

Mississippi Divorce Laws: The Basics

Like many states, Mississippi has residency requirement to file for divorce; in this state, it’s six months, but there's no waiting period before a divorce can be declared final. Along with “irreconcilable differences,” the legal grounds for divorce in Mississippi include adultery, cruelty, incurable insanity, and willful desertion. Mississippi’s divorce statutes are listed in the table below.

Code Section

Mississippi Code 93-5-1, et seq.

Residency Requirements

One party actual, bona fide resident for 6 months before suit.

Waiting Period

Final decree entered immediately but may be revoked at any time by granting court upon joint request of parties.

'No Fault' Grounds for Divorce

Irreconcilable differences (only if uncontested).

Defenses to a Divorce Filing

Recrimination not absolute bar; collusion (adultery).

Other Grounds for Divorce

Adultery; cruelty or violence; willful desertion; drug/alcohol addiction; natural impotency; incurable insanity; pregnant at time of marriage; conviction of crime; prior marriage undissolved; in line of consanguinity.

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. You only have to demonstrate to the court that you and your spouse have “irreconcilable differences,” and further attempts to preserve the marriage would be futile.

There are some alternatives to divorce, including annulment and legal separation, and each has separate requirements that only apply to specific circumstances. Also, if you and your soon-to-be ex have any shared minor children, Mississippi child custody laws may apply to your divorce, so you should be familiar with those laws as well as any state child support guidelines and child support enforcement regulations.

Mississippi Divorce Laws: More Information

The divorce process can be a difficult one, both emotionally and legally. You can consult with a Mississippi divorce attorney if you would like legal assistance regarding a divorce matter. You can also find more resources and information on this topic by visiting FindLaw’s section on Divorce.

Get a Free Legal Review of Your Mississippi Divorce Case

Divorce is difficult for just about everyone involved, both emotionally and from a legal standpoint. A divorce attorney can help you navigate the intricacies of the legal system and courts, while making sure your best interests are protected. Get started today by having a Mississippi divorce lawyer evaluate your case for free.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.