Divorce in Mississippi goes through chancery court, not jury trial. If you cite irreconcilable differences, your complaint must be on file for 60 days before it can be heard; otherwise you must prove one of twelve fault grounds. A chancellor decides your case alone, with final orders covering property, custody, and support.
Divorce cases in Mississippi are filed exclusively in chancery court. Your county of residence determines which courthouse. In Forrest County, you file at the Paul B. Johnson Chancery Building at 641 Main Street in downtown Hattiesburg. If you live in Lamar County (including much of Hattiesburg and Oak Grove), the Gamble Building at 403 Main Street in Purvis is your venue.
Either you or your spouse must have been an actual bona fide Mississippi resident for at least six months before filing (Section 93-5-5). For fault-based divorces, venue generally lies in the county where the defendant resides, or in the plaintiff's county if the defendant is a nonresident or cannot be served. A complaint based solely on irreconcilable differences can be filed in either party's county of residence (Section 93-5-11).
Mississippi Code Section 93-5-2 allows divorce on irreconcilable differences, but the complaint must be on file for 60 days before the court can hear it. This is your uncontested pathway if both spouses agree the marriage is broken.
Section 93-5-1 provides twelve fault grounds: adultery, habitual cruel and inhuman treatment (including spousal domestic abuse), willful desertion for at least one year, habitual drunkenness, habitual and excessive drug use, being sentenced to the penitentiary, natural impotency, bigamy, mental illness or intellectual disability at the time of marriage, pregnancy by another person at the time of marriage, marriage within prohibited degrees of kinship, and incurable mental illness. Unlike many states, Mississippi has no unilateral no-fault divorce based on separation alone. A fault divorce has no 60-day waiting period, but the ground must be proved at trial, and proving fault can influence the chancellor's rulings on custody, alimony, and property division.
Once you file, discovery begins. You exchange financial documents, tax returns, bank statements, and evidence of income. Your attorney will request documents from the other side and answer their requests. Discovery often takes several months, even in uncontested cases.
If you need temporary relief while the divorce is pending, you can ask for a temporary hearing. The chancellor can issue temporary orders on custody, child support, alimony, and attorney fees. These orders stay in force until a final decree is entered.
The chancellor does not split custody into neat percentages. Instead, Mississippi courts apply the Albright factors, named after a landmark case. The judge weighs each parent's physical and mental health, age of the children, continuity of care, each parent's involvement in the child's education and activities, the child's school and community ties, work schedules, ability to provide a stable home, and willingness to encourage a relationship with the other parent.
There is no presumption favoring mothers over fathers or vice versa. For cases filed on or after July 1, 2026, House Bill 1662 adds a rebuttable presumption that joint custody serves the child's best interests, but that presumption can be overcome, and the guiding standard remains the best interests of the child. Sole custody, joint custody, or a specific parenting schedule can all result, depending on the facts.
Child support follows Mississippi Code Section 43-19-101. The formula calculates a percentage of the obligor's adjusted gross income: 14% for one child, 20% for two children, 22% for three, 24% for four, and 26% for five or more. The amount is based on Mississippi's support guidelines, but the chancellor retains discretion to deviate upward or downward based on the actual needs of the child, the financial resources of both parents, and other relevant factors.
Alimony (spousal support) is separate and is not automatic. The chancellor considers the need of the requesting spouse, the ability of the other spouse to pay, the standard of living during the marriage, and the length of the marriage. Mississippi recognizes several forms of alimony, including periodic, lump sum, rehabilitative, and reimbursement alimony.
Most divorces settle before trial. After discovery closes, your attorney and the opposing attorney may participate in a settlement conference with the chancellor or a mediator. Many counties require mediation. This is your opportunity to negotiate property division, custody, support, and other terms without going to trial.
If you cannot agree, the case goes to a final hearing or trial before the chancellor. The chancellor will make all decisions on property division, custody, support, and attorney fees.
A final decree of divorce is a comprehensive court order. It dissolves the marriage, divides all marital property and debts, awards custody and sets a parenting schedule, orders child support and alimony, may award attorney fees, and addresses all other issues raised in the case. This decree is binding and enforceable in Mississippi and nationally.
Only if you file on irreconcilable differences. Mississippi Code Section 93-5-2 requires the complaint to be on file for 60 days before the divorce can be heard. If you prove one of the twelve fault grounds under Section 93-5-1, no 60-day requirement applies, though contested fault cases usually take longer because the ground must be proved at trial.
Yes. Mississippi has twelve fault grounds, including adultery, habitual cruel and inhuman treatment, willful desertion for at least one year, habitual drunkenness, habitual and excessive drug use, imprisonment in the penitentiary, natural impotency, bigamy, and incurable mental illness. A fault divorce has no 60-day waiting period, but you must prove the ground at trial, and fault can influence the chancellor's ruling on custody, property division, and alimony.
The Albright factors guide the analysis, and for cases filed on or after July 1, 2026, the chancellor starts from a rebuttable presumption that joint custody serves the child's best interests. The judge weighs each parent's ability to provide a stable home, parent-child bonds, each parent's involvement in the child's life, physical and mental health, school and community ties, and all other circumstances affecting the child's best interests. The goal is what is best for the child, not what is equal between parents.
Mississippi Code Section 43-19-101 sets child support as a percentage of the obligor's adjusted gross income: 14% for one child, 20% for two children, 22% for three, 24% for four, and 26% for five or more. The chancellor can deviate above or below these amounts based on the actual needs of the children and the financial resources of both parents.
Generally no. A fault-based case is usually filed where the defendant resides, while a complaint based solely on irreconcilable differences can be filed in either spouse's county of residence. At least one spouse must also have been a Mississippi resident for six months. If your spouse lives in a different county, a fault-based case is typically filed where the defendant resides.
Divorce is a serious decision that affects your future, your children, and your finances. Every case is unique. At Lowrey, Fortner, & Miri P.A., we help Mississippi families navigate divorce in chancery court. Call us to discuss your situation and learn your options for family law representation.
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Contact our office to discuss your specific situation.
Lowrey, Fortner, & Miri P.A.
(601) 582-5015
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