Mississippi · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Mississippi

For spouses in Mississippi who agree on everything: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the fee waiver, e-filing, how your spouse can sign instead of being served and mediation.

Quick answer

When both spouses agree, this is the route in Mississippi. Irreconcilable-differences divorce: both spouses sign a joint complaint or consent and a written property settlement (and custody/support agreement), and the chancellor can grant it after 60 days, often without a contested hearing.

Who can file (residency)
6 months
Waiting period
60 days after filing
Filing fee
Check with your court

Who can use the process for agreed cases in Mississippi

Irreconcilable-differences divorce: both spouses sign a joint complaint or consent and a written property settlement (and custody/support agreement), and the chancellor can grant it after 60 days, often without a contested hearing.

Before you file in Mississippi

Who can file (residency)
One of you must have been a real (bona fide) resident of Mississippi for 6 months before you file. A service member stationed in Mississippi and living here with their spouse counts as a resident if you were living here when you separated. If someone moved to Mississippi just to get a divorce, the court must dismiss the case.
Waiting period
An irreconcilable-differences (no-fault) complaint must be on file for 60 days before it can be heard. Fault-based divorces have no fixed waiting period but usually need a trial with proof.
Law
Miss. Code Ann. 93-5-5 · Miss. Code Ann. 93-5-2(4)

Forms, fees and filing in Mississippi

Court self-help
Divorce self-help (Mississippi courts)
If you can't afford the fee
Ask the chancery clerk to file as a pauper by signing a pauper's affidavit (inability to pay costs).
E-filing
Many chancery courts use MEC (Mississippi Electronic Courts); check with your chancery clerk.

If your spouse agrees to sign

Your spouse must be served with the summons and complaint (sheriff, process server, or certified mail for out-of-state spouses), or can sign a joinder or waiver of process in an irreconcilable-differences case.

If you agree on only some issues

Some chancery courts order mediation in contested custody or property cases.

An uncontested divorce in Mississippi, step by step

  1. Check that you can file in Mississippi

    One of you must have been a real (bona fide) resident of Mississippi for 6 months before you file.

  2. See if you qualify for the simpler process

    Irreconcilable-differences divorce: both spouses sign a joint complaint or consent and a written property settlement (and custody/support agreement), and the chancellor can grant it after 60 days, often without a contested hearing.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Mississippi courts)

  4. File, and pay the fee or ask for a waiver

    Can't afford it? Ask the chancery clerk to file as a pauper by signing a pauper's affidavit (inability to pay costs). Many chancery courts use MEC (Mississippi Electronic Courts); check with your chancery clerk.

  5. Have your spouse sign or be served

    Your spouse must be served with the summons and complaint (sheriff, process server, or certified mail for out-of-state spouses), or can sign a joinder or waiver of process in an irreconcilable-differences case.

  6. Wait out the waiting period

    An irreconcilable-differences (no-fault) complaint must be on file for 60 days before it can be heard.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Mississippi

Is there a simplified divorce for agreed cases in Mississippi?

Irreconcilable-differences divorce: both spouses sign a joint complaint or consent and a written property settlement (and custody/support agreement), and the chancellor can grant it after 60 days, often without a contested hearing.

How long does an uncontested divorce take in Mississippi?

An irreconcilable-differences (no-fault) complaint must be on file for 60 days before it can be heard. Fault-based divorces have no fixed waiting period but usually need a trial with proof.

Who can file for an uncontested divorce in Mississippi?

One of you must have been a real (bona fide) resident of Mississippi for 6 months before you file. A service member stationed in Mississippi and living here with their spouse counts as a resident if you were living here when you separated. If someone moved to Mississippi just to get a divorce, the court must dismiss the case.

Does my spouse have to be served if we agree in Mississippi?

Your spouse must be served with the summons and complaint (sheriff, process server, or certified mail for out-of-state spouses), or can sign a joinder or waiver of process in an irreconcilable-differences case.

Can we file for divorce online in Mississippi?

Many chancery courts use MEC (Mississippi Electronic Courts); check with your chancery clerk.

Is mediation required in Mississippi?

Some chancery courts order mediation in contested custody or property cases.

More about divorce in Mississippi

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.