Mississippi Divorce Records

In Mississippi, the divorce rate has decreased significantly over the previous two decades. In 1990, 5.5 persons per 1,000 divorced, compared to 2.7 in 2018. This is still higher than the national average of 2.4, but it represents a notable decline. This could be attributed to changing societal attitudes encouraging the delay of the typical marrying age.

It may also be due to the fact the state has a deeply religious culture where many of the married residents adhere to faiths that emphasize the permanence of marriage. The demographics also vary over time, though some ethnicities, like African Americans, are more likely to divorce compared to white or Asian Americans.

Mississippi Chancery Courts or the State Department of Health initiate and maintain Mississippi divorce records. The state has three types of divorce records: certificates, case files, and decrees.

Divorce certificates refer to a final summary of the dissolution of the marriage as ordered by the courts. They may include the names of the parties and the date and location of the divorce. These files are used as official proof for legal purposes to show that the ex-partners are divorced.

Divorcedecrees are final judgments indicated by the courts detailing the terms of the separation. They may include child custody considerations, alimony, or the division of property. Divorce decrees are more accessible than certificates and can be found at the Chancery courts.

Divorce Case files are a record of the court proceedings. They may include the evidence, motions, and witness testimonies provided. They are also accessible from the Chancery court, where the case was heard.

What Are the Residency Requirements for Divorce In Mississippi?

Mississippi Code § 93-5-5 (2023) indicates that if one of the parties is a current resident for six months, they may file for a divorce. It also applies to members of the United States military stationed there with their spouses. That is provided they were residing in Mississippi when the parties separated.

What Are the Grounds for Divorce in Mississippi?

In Mississippi, parties may file for divorce on fault or no-fault grounds. If there is no fault, the individuals can divorce according to irreconcilable differences or if both spouses have been living separately. If the parties opt to divorce on fault-based grounds, they will need to prove that their spouse has committed one of a variety of acts that entail grounds for divorce. Some of the most common grounds for fault-based divorce are:

• Adultery: this is voluntary sexual intercourse taking part between one of the parties of the marriage and another individual who is not their spouse. The act must have been knowingly done and be proven by the accuser.
• Habitual cruel treatment: One of the most common fallbacks for divorce is cruel treatment. It must be proven to be above the level of rudeness or incompatibility between the partners.
• Desertion: If one of the parties abandons their spouse and does not participate in the goings-on within the home for at least one year, the other may file for divorce.
• Habitual use of alcohol or other drugs: Should one of the parties be dependent on alcohol or drugs, that they cannot control their appetite or sustain the home, the other may have a course to seek a divorce.
• Felony conviction and prison sentences: if a party is sentenced to jail following a felony conviction, their partner can seek a divorce from the Chancery court.

How Much Does It Cost To File for Divorce in Mississippi?

The costs for a divorce in Mississippi may depend on the complexity and the type of case. A breakdown is illustrated below:

• Filing Fees: The fee paid to the court when one of the parties files for a divorce. The state's typical filing fee is $148 at the Chancery Court. It may be slightly higher for a contested divorce. The rate also varies according to the specific county.
• Service Fees: When a spouse files for divorce at the Chancery court, they must serve their partner with a notice of the same and a summons to appear in court. This service may be done in person or via a third party like a professional server or sheriff. Implementing the service costs between $50 and $100.
• Lawyer Fees: Regardless of whether the divorce is contested, attorneys must present the case in court. Naturally, an uncontested divorce will cost less as the couple will not have to negotiate child custody or spousal support, and attorneys are paid hourly. For uncontested divorces, it may range from $200 to $400 an hour, meaning total costs may reach $3000. Contested divorces mean more court time for deliberation and negotiation. The costs may exceed $15,000 for these cases.
• Mediation: this is a fee paid to a mediator if the courts decide to mandate sessions for disputing couples. It can vary depending on their rate but range from $100 to $250 an hour.
• Parental Classes: The courts may also mandate that the couple attend parenting classes if they have minor children. These classes can cost from $25 to $50 per person per session.

How Long Is the Waiting Period for Divorce in Mississippi?

If the divorce results from irreconcilable differences, meaning it is uncontested, the courts will mandate a 60-day waiting period. However, if the divorce is contested, it means the spouses have not resolved all of the issues within that time, so it could take much longer to finalize. There are no provisions to shorten the designated waiting period.

How To File for Divorce in Mississippi

The process of filing for divorce in Mississippi is straightforward, depending on whether the separation is contested or uncontested. The following is a step-by-step guide.

• Residency Requirements: At least one of the parties should have been a resident of the state for six months before the filing. The divorce must have been filed in the county where either of the spouses currently lives. However, if the divorce is being contested, it needs to be filed in the county where the defendant currently resides.
• Selecting the Grounds for Divorce: The parties should either choose the no-fault approach or a fault-based divorce. In the latter, the plaintiff will bring forth allegations like adultery, cruel treatment, or desertion as grounds for dissolution of the marriage.
• Organize the Documentation: the general forms for divorce may include the Complaint for Divorce, Summons, Financial Disclosure statements, MSATJC.org Irreconcilable Divorce Forms, and Child Support Agreement documents.
• Process Serving: Once the forms are filed, the party's spouse needs to be served with a notice and a summons. For uncontested divorces, they may be served using certified mail or a sheriff. A 60-day waiting period is required for the spouse to respond to the notice.
• Attending the Hearing: Provided the divorce is uncontested, only one of the spouses needs to attend a hearing if the papers are signed.
• Final Divorce Decree: Once the judge reviews and approves the agreements indicated, they will give the official divorce decree.

Are Divorce Records Public in Mississippi?

According to Mississippi Code Ann, § 25-61-1 et seq, the public can view or inspect divorce records in the state. The law indicates that public records would be open to be inspected unless otherwise restricted. Divorce decrees, case files, and indexes fall under the presumption of access. That said, sensitive information, including child custody data or financial statements, is unavailable to all parties. The same applies to domestic abuse or cases of mental instability. Accessible records from the Circuit Court Clerk or the State Department of Health may be accessed.

How To Get Certified Copies of a Divorce Decree in Mississippi

Certified divorce decrees are only accessible to specific parties, such as the parties involved, including immediate family members and legal representatives. Typically, divorce decrees are obtained from the Circuit Clerk's office within the county, provided it is where the divorce was finalized. One would have to visit the court clerk's office or call ahead to ask about the process involved. They would also have to provide their photo identification, connection to the divorce party, and the required fees.

Divorce Settlement: Is Mississippi a 50/50 State?

Mississippi is not a 50/50 state. Rather, it follows the principle of equitable distribution, so the property within the marriage is divided according to the equities of the couple's scenario. This is by code § 93-5-23, which provides the authority to make orders. In these cases, the courts will consider aspects like each spouse's contributions to the marriage, their earning capacities, and the length of the marriage.

FAQs About Divorce Process In Mississippi

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