Uncontested Divorce in Mississippi

Mississippi allows an uncontested divorce based on irreconcilable differences when spouses agree on every issue, but you must wait at least 60 days after filing.

You can get an uncontested divorce in Mississippi if you meet the following requirements:

  • you or your spouse has lived in the state for at least six months
  • you both agree to divorce on the ground of “irreconcilable differences,” and
  • you’ve reached a written agreement on every issue in your case, including property, debts, alimony, and provisions for your children.

The cost for an uncontested divorce in Mississippi starts at roughly $140 in court filing fees. The judge can finalize it after your papers have been on file for 60 days, and you won’t have to testify or prove why your marriage ended.

Below, we cover details about the process, including how to qualify, what paperwork you’ll need, and what to expect at each stage.

How to Qualify for an Uncontested Divorce in Mississippi

To qualify for an uncontested divorce in Mississippi, you and your spouse must meet three requirements: one of you must have lived in Mississippi for at least six months, you both must agree to divorce based on irreconcilable differences, and you must have a written agreement resolving all issues like property, debts, and custody.

Mississippi’s Residency Requirement

To get a divorce in Mississippi, you or your spouse must have lived in the state for at least six months before you file. Military members stationed in Mississippi and living here with their spouse count as residents as long as they lived in the state when the couple separated. (Miss. Code § 93-5-5 (2026).)

Mississippi’s Grounds for Divorce

Mississippi’s simplified divorce process is sometimes known as an “irreconcilable differences divorce,” because you and your spouse must also agree that those differences are the legal reason (or “ground”) for the end of your marriage—as opposed to one of the other grounds for divorce in Mississippi that are based on claims of misconduct. (Miss. Code § 93-5-2 (2026).)

Your Marital Settlement Agreement

You’ll also need to reach a divorce settlement agreement covering all the key issues involved in ending your marriage, including:

As of July 1, 2026, Mississippi law presumes that joint custody with equal parenting time is in a child’s best interests. But if you and your spouse agree on all custody issues, the judge can approve a different arrangement, including one where the children live mainly with one parent. If you agree to equal parenting time, the law also sets a specific method for calculating child support. (Miss. Code § 93-5-24 (2026).)

What If You Can’t Reach an Agreement Before Filing for Divorce?

You can still file for a divorce based on irreconcilable differences even if you haven’t agreed on every issue. In that situation, you and your spouse must both sign a written consent listing specific issues you want the judge to decide and agreeing that the decision will be binding. Once the court starts any proceeding in the case, neither of you can withdraw that consent without the judge’s permission. (Miss. Code § 93-5-2(3) (2026).) You’ll then follow Mississippi’s regular divorce procedures.

Still, you might be able to avoid the extra time, stress, and expense of a trial if you reach a complete settlement agreement (possibly with help from mediation or divorce lawyers). But the process typically takes longer, and ongoing disputes can significantly increase divorce costs.

How to File for an Uncontested Divorce in Mississippi

Once you’ve met the requirements for an uncontested divorce, you’ll need to prepare and file the correct paperwork with the court. Here’s an overview of the basic steps.

Prepare Your Divorce Papers

Once you’ve reached your settlement agreement, you’ll need to prepare the required forms. Your paperwork will typically include:

  • the complaint for divorce
  • your signed settlement agreement
  • a civil case cover sheet, and
  • if you have minor children, sworn information about where the children have lived for the past five years and any other custody cases involving them, either in the complaint or in a separate statement often called a “UCCJEA affidavit.”

Depending on the court, you might also need to file financial statements.

You and your spouse can file a joint complaint together. Or one of you can file the complaint, and the other can either be formally served with the papers or sign a written waiver of service. If your spouse contests the divorce, you can’t proceed on irreconcilable differences grounds unless the contest is withdrawn with the judge’s permission. (Miss. Code § 93-5-2(1), (5) (2026).)

See the resources section at the end of this article for ways to get the forms you need. If you’re filing without a lawyer, check with the Chancery Court Clerk’s office in the county where you’ll file to make sure you’re using the correct forms.

File Your Papers With the Court

If you both live in Mississippi, you can file in the county where either of you lives. If one of you lives out of state, you’ll file in the county where the Mississippi resident lives. (Miss. Code § 93-5-11 (2026).)

Submit your paperwork to the clerk’s office for filing. The clerk will give you a case number. Keep a copy of your filed paperwork and your case number handy.

Attending a Hearing and Completing Your Divorce

Your complaint must be on file for at least 60 days before the judge can grant your divorce, and you won’t have to testify or present evidence. (Miss. Code § 93-5-2(4) (2026).) But the clerk might set a date for a brief hearing, so ask whether you’ll need to appear.

The judge must find that your settlement agreement’s provisions for your children’s custody and support, and for dividing your property, are “adequate and sufficient,” with the best interests of any minor children in mind. If so, the judge will grant your divorce and can include your agreement in the divorce judgment. (Miss. Code § 93-5-2(2) (2026).)

Keep in mind that you’re still married until the court enters the divorce judgment. Until then, either of you can withdraw consent to the irreconcilable differences divorce.

How Much Does an Uncontested Divorce Cost in Mississippi?

As a rule, an uncontested divorce costs much less than a traditional, contested divorce. Many couples can complete the uncontested divorce process without hiring lawyers, which can save a lot compared with a traditional divorce.

Court Fees

Mississippi law sets the basic court filing fee for divorce at about $140, but the total can vary by county, so check with the chancery clerk. (Miss. Code § 25-7-9 (2026).) If you file jointly, or if your spouse signs a waiver of service, you won’t pay to have your spouse served. Otherwise, you’ll pay for the sheriff or a process server to deliver the papers.

If You Can’t Afford the Fees

If you can’t afford the court fees, you can ask the court to let you proceed without paying them by filing a pauper’s affidavit. You’ll find the forms on the Access to Justice Commission’s forms page.

Other Costs

Beyond these court costs, your costs will depend on whether you get a pure do-it-yourself divorce or need some help with the process:

  • Online divorce services typically charge $150 to $700 to complete the divorce forms and settlement agreement.
  • If you need help reaching a settlement agreement, divorce mediation costs can vary widely, depending on the number and complexity of the issues. Spouses often split the cost.
  • If you’re splitting retirement accounts related to your employment (like a 401(k) or pension), you’ll probably need to pay an expert to prepare the special court order known as a “qualified domestic relations order” (QDRO).

And, of course, hiring lawyers will increase your costs. But you can probably minimize lawyers’ fees by getting help only when you truly need it.

Do You Need a Lawyer for an Uncontested Divorce?

You probably don’t need a lawyer to get an uncontested divorce in Mississippi. You can handle all the paperwork and filing yourself, or use an online divorce service to simplify the process.

That said, consider speaking with a qualified family law attorney in any of these situations:

  • you have complex assets to divide (like retirement accounts or a family business)
  • you have questions about aspects of your divorce, or
  • you want an independent legal review of your settlement agreement to make sure you haven’t missed anything or given up any of your legal rights.

Keep in mind that the court clerk can help you with basic information and procedural questions, but they can’t give legal advice.

Where to Find More Information and Legal Help in Mississippi

You can find the official Mississippi Code on LexisNexis. Once you’re there, type a section number into the search bar. You can also open Title 93 (Domestic Relations) and go to Chapter 5 (Divorce and Alimony). Mississippi’s child support guidelines start at Section 43-19-101.

There are several ways to find Mississippi divorce forms:

  • The Mississippi Access to Justice Commission offers a free online program that prepares the forms for an irreconcilable differences divorce along with instructions. You can’t use this tool if you have minor children or significant property, including a business, real estate, or retirement funds.
  • You can use an online divorce service that provides completed forms based on your answers to a questionnaire.
  • You can get help from a lawyer.

The following organizations offer free or low-cost legal help to those who qualify:

Even in an uncontested case, a divorce agreement locks in decisions about property, retirement accounts, and your children that are hard to undo later, so it's worth having a lawyer review it before you file.