Divorce in Mississippi
Mississippi allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a Mississippi resident for six months. No-fault divorce requires irreconcilable differences with consent of both parties.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
60 days after filing
Filing Fee
$150-$350
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences (mutual consent)
- •Adultery
- •Habitual cruel treatment
- •Desertion
Key Facts
- ★No-fault divorce in Mississippi requires both spouses to agree on irreconcilable differences
- ★A 60-day waiting period applies after filing
- ★At least one spouse must have been a Mississippi resident for 6 months
- ★Property is divided by equitable distribution
- ★Mississippi has 12 fault-based grounds for divorce in addition to no-fault
Child Custody
Mississippi courts determine custody based on the best interests of the child. The state uses the Albright factors, which include the age, health, and sex of the child, continuity of care, parenting skills, and the willingness of each parent to encourage a relationship with the other.
Alimony / Spousal Support
Mississippi courts may award periodic alimony, lump-sum alimony, or rehabilitative alimony. The court considers factors including the income and expenses of each party, the standard of living during the marriage, the length of the marriage, and the health and age of each spouse.
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Common questions about divorce in Mississippi
No. In Mississippi, a no-fault divorce based on irreconcilable differences requires both spouses to consent. If your spouse does not agree, you must file on one of the fault-based grounds such as adultery, cruelty, or desertion.
The Albright factors are a set of criteria Mississippi courts use to determine child custody. They include the age, health, and emotional ties of the child, each parent's employment stability, moral fitness, home stability, and willingness to facilitate a relationship with the other parent.