Divorce in Mississippi: Laws, Requirements, and Process
A complete guide to getting a divorce in Mississippi. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: 60 days from filing.
- Filing fee: $125 - $200.
Grounds for Divorce
Mississippi allows no-fault divorce. The no-fault ground is: Irreconcilable differences (by mutual consent).
Fault-Based Grounds
Mississippi also recognizes these fault-based grounds for divorce:
- Adultery
- Desertion for one year
- Habitual drunkenness
- Habitual and excessive drug use
- Cruel and inhuman treatment
- Insanity at the time of marriage
- Bigamy
- Pregnancy by another at the time of marriage (unknown to husband)
- Incurable insanity
- Conviction of a felony
- Natural impotency
- Relationship within prohibited degrees
Residency Requirements
6 months in the state.
Property Division
Mississippi is an equitable distribution state. Mississippi follows equitable distribution. Courts divide marital property fairly, considering factors such as each spouse's contribution to the accumulation of property, the degree of economic independence of each party, the value of assets, and the needs of each party.
Alimony / Spousal Support
Mississippi courts may award periodic, lump-sum, or rehabilitative alimony. Courts consider factors including the income and expenses of each party, the health and earning capacity of each party, the needs of each party, any child custody obligations, the standard of living during the marriage, and the length of the marriage.
Child Custody
Mississippi courts determine custody based on the best interest of the child using the Albright factors: age, health, and sex of the child, the continuity of care, the parenting skills of each party, the moral fitness of each parent, the home environment, the emotional ties between each parent and child, and the preference of the child.
Child Support
Mississippi uses a percentage of income model. The non-custodial parent generally pays 14% of adjusted gross income for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more.
Filing Fee
The filing fee for divorce in Mississippi is $125 - $200. Fee waivers may be available for those who cannot afford to pay.
Mississippi court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Mississippi?
Mississippi allows no-fault divorce based on irreconcilable differences, but only when both parties consent. The state has numerous fault-based grounds including adultery, desertion, habitual drunkenness, cruel treatment, drug use, bigamy, and others.
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How long do you have to live in Mississippi to file for divorce?
At least one spouse must have been a bona fide resident of Mississippi for at least 6 months prior to filing the complaint for divorce.
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How is property divided in a Mississippi divorce?
Mississippi uses equitable distribution. Courts divide marital property fairly based on each spouse's contributions to the accumulation of assets, each party's needs, and the economic independence of each spouse.
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How long does a divorce take in Mississippi?
Mississippi has a 60-day waiting period from the date of filing. Uncontested irreconcilable-differences divorces can be finalized in approximately 60 to 90 days. Fault-based or contested cases can take 6 months to over a year.