Divorce in Mississippi

State-specific overview · Family Law

Quick summary

Mississippi allows both fault and no-fault divorce; no-fault requires a 30-day waiting period after filing.

How Mississippi treats Divorce

A spouse can file for no-fault divorce based on irreconcilable differences, but must wait 30 days after filing before the court can grant the divorce. Alternatively, either spouse may file on fault grounds such as adultery, cruelty, or desertion, which may eliminate the waiting period. Mississippi courts divide marital property equitably and award alimony at their discretion based on the parties' circumstances. Child custody and support follow state guidelines focused on the child's best interests.

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The general definition of Divorce

The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.

Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Mississippi.