- Forrest County Chancery Court: Paul B. Johnson Chancery Court Building, downtown Hattiesburg, for Hattiesburg, Petal, Brooklyn, and Rawls Springs
- Lamar County Chancery Court: Gamble Chancery Building, 403 Main Street, Purvis, for Oak Grove, west Hattiesburg, Sumrall, and Lumberton
- Irreconcilable differences under § 93-5-2: both spouses consent, the complaint sits on file at least 60 days, and usually no courtroom appearance
- Fault divorce under § 93-5-1: twelve grounds, no waiting period, but the ground must be proved at trial
- Custody under the Albright factors, with equal parenting time the presumptive starting point for cases filed on or after July 1, 2026
- Child support under § 43-19-101, usually until the child turns 21
Hattiesburg Divorce Lawyers on Both Sides of the County Line
Lowrey, Fortner, & Miri P.A. has represented Hattiesburg families since 1980. Our office sits at 525 Corinne Street, Hattiesburg, MS 39401, five minutes from the Forrest County Chancery Court and minutes from the Gamble Chancery Building in Purvis. When you call (601) 582-5015, you reach lawyers who practice in both of those chancery courts.
Divorce in Hattiesburg has a local wrinkle that trips people up. The city sits in two counties, and many people with a Hattiesburg mailing address, especially in Oak Grove and on the west side of town, actually live in Lamar County. Their divorce is filed in Purvis, not downtown. Getting that right on day one matters, because the chancellor, the clerk's office, and the court calendar all change with the county line.
This page covers what a divorce looks like in Hattiesburg specifically: which courthouse hears your case, the two legal paths to a divorce in Mississippi, what happens between filing and the final decree, and what that decree decides about your children, your income, and your property. For the statewide picture, start with our family law overview.
Which Chancery Court Hears a Hattiesburg Divorce
Every Mississippi divorce, custody, and support case is heard in chancery court by a chancellor, not a jury. Family law matters never go to circuit court or justice court. In Hattiesburg, the question is which county's chancery court, and the answer depends on which side of the county line you and your spouse live on.
Forrest County Chancery Court
Paul B. Johnson Chancery Court Building, Main Street, downtown Hattiesburg. Forrest County divorces are filed with the Chancery Clerk here and decided here. The court handles divorce, custody, child support, alimony, property division, adoption, estates, and guardianships. It serves Hattiesburg proper, Petal, Brooklyn, Rawls Springs, and rural Forrest County. Our Forrest County divorce page walks through the process in this building step by step.
Lamar County Chancery Court
Gamble Chancery Building, 403 Main Street, Purvis, MS 39475. If you live in Oak Grove, west Hattiesburg, Purvis, Sumrall, Lumberton, or Baxterville, your divorce is filed in Purvis, not in Hattiesburg. Lamar County is part of the 15th Circuit Court District, and a chancellor presides over every family law case here. Our Lamar County divorce page and our guide to the Lamar County courts explain which building is which.
Two more rules decide where you can file. First, either you or your spouse must have been an actual bona fide Mississippi resident for at least six months before filing, under § 93-5-5. Second, venue depends on the type of case. A complaint based solely on irreconcilable differences can be filed in either spouse's county of residence under § 93-5-11. A fault-based divorce is generally filed in the county where the defendant lives, or in the plaintiff's county if the defendant is a nonresident or cannot be served. So if you live in Petal and your spouse moved to Oak Grove, a fault case may belong in Purvis even though you are a Forrest County resident.
One practical note: divorce records filed in either chancery court are public record, though the Chancery Clerk can restrict access to sensitive information such as Social Security numbers, financial account numbers, and information related to the safety of minor children. If you live in a neighboring county, we cover those courthouses too. See our areas we serve page for Jones, Marion, Perry, Covington, and Pearl River County divorces.
The Two Ways to Get Divorced in Mississippi
Mississippi gives you two ways into a divorce, and the one you use shapes everything about the case: how long it takes, whether you set foot in a courtroom, and what you have to prove. Unlike many states, Mississippi has no unilateral no-fault divorce based on separation alone. If your spouse will not agree, you have to prove a fault ground.
Irreconcilable differences under § 93-5-2
This is what most people call an uncontested or no-fault divorce. Under § 93-5-2, both spouses consent. The case is filed as a joint complaint, or the other spouse is personally served with process or enters an appearance by written waiver. Then you either hand the chancellor a written agreement covering child custody, support, and property division that the court finds adequate and sufficient, or you sign a written consent letting the chancellor decide the specific issues you cannot settle. Either way, the complaint must sit on file for at least 60 days before the divorce can be heard.
Two things people ask about consent. One attorney cannot represent both spouses, even in a friendly divorce; what usually happens is that one lawyer represents one spouse and prepares the paperwork while the other spouse hires separate counsel to review the agreement or goes unrepresented. And consent can be withdrawn before the divorce is final, which generally stops the uncontested case, though once the court has begun proceedings on issues the spouses submitted for decision, § 93-5-2 requires the court's permission to withdraw. If consent falls apart, the filing spouse may amend the complaint to seek a fault divorce instead. Our uncontested divorce page covers the property settlement agreement and the paperwork in detail.
Fault grounds under § 93-5-1
§ 93-5-1 lists twelve fault grounds: adultery; habitual cruel and inhuman treatment, which since 2017 expressly includes spousal domestic abuse; willful, continued, and obstinate desertion for at least one year; habitual drunkenness; habitual and excessive drug use; being sentenced to the penitentiary and not pardoned before being sent there; natural impotency; bigamy; mental illness or intellectual disability at the time of the marriage that the other spouse did not know about; pregnancy of the wife by another person at the time of the marriage, if the husband did not know; marriage within the prohibited degrees of kinship; and incurable mental illness. The grounds used most often in Hattiesburg contested divorces are adultery, cruelty and domestic abuse, drunkenness or drug use, and desertion.
A fault divorce has no 60-day waiting period, but the ground must be proved at trial. Adultery is usually proved by circumstantial evidence of opportunity and inclination, and the chancellor must find clear and convincing evidence. Spousal domestic abuse can be established through the reliable testimony of a single credible witness, including the victim. Proving fault can also influence the chancellor's rulings on custody, alimony, and property division. Our contested divorce page goes through each ground and the evidence that proves it, and our high-conflict divorce page covers cases involving abuse allegations and complex finances.
What Happens Between Filing and the Final Decree in Hattiesburg
An uncontested case can move from filing to decree with little more than paperwork and the 60-day wait. A contested case follows a longer road. Here is the path a Hattiesburg divorce takes in either chancery court, and what we do at each stage.
We prepare and file your Complaint for Divorce with the Chancery Clerk, at the Paul B. Johnson Chancery Court Building for Forrest County or the Gamble Chancery Building for Lamar County. A fault complaint alleges the specific ground with factual detail. An irreconcilable differences case is filed as a joint complaint or with a written waiver from your spouse. You receive a docket number and a return date.
Your spouse must be properly served with the complaint and summons. Service can be by sheriff, certified mail, or by agreement. In an irreconcilable differences case, your spouse can instead enter an appearance by written waiver. Once served, your spouse has time to respond to the court.
Early in a contested case, the chancellor holds a temporary hearing to decide immediate issues: custody, visitation, use of the family home, temporary child support and alimony, and attorney fees. These temporary orders stay in force until the final decree. If you are the lower-earning spouse, temporary support keeps you solvent during a long case.
Both sides exchange financial documents, tax returns, bank statements, business records, and evidence of income under the Mississippi Rules of Civil Procedure. Depositions let each side question the other under oath. Discovery often takes several months, and in complex cases accountants, appraisers, or actuaries may be needed to value a business, real estate, or retirement benefits.
Most divorces settle before trial. After discovery closes, the attorneys may hold a settlement conference with the chancellor or a mediator, and mediation is often required before trial. If you reach agreement, we submit the agreed judgment to the chancellor for approval. An uncontested case can skip straight to this step.
If you cannot agree, the case goes to a final hearing before the chancellor, who hears evidence on the fault ground, custody, property division, and support, and decides every remaining issue. The Final Decree of Divorce dissolves the marriage, divides marital property and debts, awards custody and sets a parenting schedule, orders child support and alimony, and may award attorney fees. It is binding and enforceable in Mississippi and nationally.
For a closer look at each stage, read How Divorce Works in Mississippi Chancery Court. If your case involves children, our guide to how child custody works in Mississippi follows the custody side from filing to final order.
Custody, Support, Property, and Alimony: What the Decree Decides
The divorce itself is often the simplest part. The decree also has to settle four things, and each one runs on its own statute and its own set of factors. In a contested case the chancellor decides them. In an uncontested case you and your spouse decide them in a written agreement that the chancellor must find adequate and sufficient.
Child custody: Albright and the new equal-parenting presumption
Chancellors decide custody by asking what serves the child's best interest, and they answer that question with the Albright v. Albright factors. Those factors look at the child's age, health, and sex, who did the day-to-day caregiving before the split, each parent's parenting skills and emotional bond with the child, how stable each home is, each parent's work schedule, and moral fitness. Once a child reaches 12, the child's own preference carries more weight. Legal custody covers major decisions for the child; physical custody is where the child sleeps. For cases filed on or after July 1, 2026, House Bill 1662 (signed in April 2026) changes the starting point: equal parenting time is now presumed. That presumption can be overcome, and the best-interest standard still controls, so evidence of domestic violence, abuse, or other facts showing that a 50/50 split would not serve the child still decides the outcome. Domestic violence carries particular weight: § 93-5-24(9) creates a rebuttable presumption that custody with a parent who has a history of family violence is not in the child's best interest. Our Hattiesburg child custody page covers Guardian ad Litem appointments and school-district questions, and our post on the 50/50 parenting time law explains the new presumption.
Child support: the § 43-19-101 percentages, usually until 21
Child support in Mississippi starts from a percentage of the paying parent's adjusted gross income under § 43-19-101. One child is 14 percent, two children 20 percent, three 22 percent, four 24 percent, and five or more 26 percent. Those figures are presumed correct, but a chancellor can depart from them after making written or specific on-the-record findings explaining why. A shared parenting arrangement is a recognized ground for deviation under § 43-19-103, so a 50/50 schedule can change the number, though the higher-earning parent may still be ordered to pay. Parents cannot waive child support in a divorce agreement, because the right belongs to the child. Support usually runs until the child turns 21, not 18, and unpaid support that is at least 30 days late becomes a judgment by operation of law under § 93-11-71. See our child support page and how long child support lasts in Mississippi.
Property division: equitable distribution under Ferguson
Mississippi divides marital property by equitable distribution: fair, not automatically fifty-fifty. The chancellor first classifies each asset as marital or separate under Hemsley v. Hemsley, then divides the marital estate using the Ferguson factors, which include each spouse's contribution to acquiring the property, including homemaking and childcare, whether either spouse wasted or disposed of marital assets, the value of each spouse's separate property, tax consequences, and whether the division can reduce the need for alimony. Property acquired during the marriage is generally marital regardless of whose name is on the title, and separate property can stay yours if it was never commingled. Retirement accounts earned during the marriage are generally marital too, and the court can issue a QDRO to divide them without immediate tax penalties. Property division is final once the decree is entered and is not modifiable except in very limited circumstances such as fraud. Our property division page goes deeper, and a prenuptial or postnuptial agreement can control much of this in advance.
Alimony: discretionary, decided under the Armstrong factors
Alimony is not automatic in Mississippi. The chancellor weighs the Armstrong factors, from Armstrong v. Armstrong: the income and expenses of the parties, their health and earning capacities, each party's needs, obligations, and assets, the length of the marriage, minor children in the home, the age of the parties, the standard of living during the marriage, tax consequences, fault or misconduct, and wasteful dissipation of assets. Mississippi recognizes four types: periodic, lump-sum, rehabilitative, and reimbursement alimony, and each works differently. Periodic alimony ends when the recipient remarries, while lump-sum alimony is a fixed, vested obligation that cannot be modified. Adultery is a factor the court considers, not an automatic bar. See our page on alimony and spousal support in Mississippi.
Custody and support orders can be changed later, but it takes proof of a material change in circumstances, and the petition is filed in the chancery court that issued the original order. When the other side simply ignores the decree, a contempt motion can address unpaid support or denied visitation. See custody modification and contempt and enforcement.
How Long a Divorce Takes in Hattiesburg
The honest answer is that it depends on which path you are on. For an irreconcilable differences divorce, the floor is set by statute: under § 93-5-2 the complaint must be on file for at least 60 days before the chancellor can hear the case and enter a final decree. In most uncontested cases the parties do not need to appear in court at all. Your attorney submits the complaint, the consent, the property settlement agreement, the financial disclosures, and a proposed final decree for the chancellor's review once the 60 days have run.
A fault divorce has no waiting period, but that does not make it faster. The ground has to be proved at trial, so the case runs through service, a temporary hearing, discovery that often takes several months, settlement talks, and a final hearing on the chancellor's calendar. Contested cases take longer than uncontested ones for that reason, and the more issues in dispute, the longer the road. Temporary orders on custody, support, and the family home are what carry you through that stretch.
One thing can shorten a contested case. Even where fault grounds exist, both spouses can still choose to proceed on irreconcilable differences if they agree, and a case that starts contested can settle into a consent divorce once discovery shows everyone where the money is. We look for that opening in every case, because it saves our clients time and expense without giving up what matters.
Hattiesburg Divorce Lawyers Who Try Cases in These Courtrooms
Partners Shawn Lowrey and KJ Miri lead the family law practice. Both handle divorce and custody cases in chancery courts across the Pine Belt, and Shawn Lowrey has taken family law cases through final judgment and on appeal. Firm founder Erik Lowrey, who has practiced law in Mississippi since 1978 and is a Mississippi State certified mediator, also handles family law and divorce matters.
Shawn M. Lowrey
Licensed in Mississippi since 2002. Chancery and domestic practice: divorce, child custody, grandparents' rights, third-party custody, and estate litigation in chancery courts across South Mississippi, with family law cases taken through final judgment and on appeal. J.D., Tulane University Law School.
Kimberly-Joy (KJ) Miri
Licensed in Mississippi since 2014. Focuses on complex family law: high-conflict and high-net-worth divorce, child custody, contempt and modification, adoption, paternity, and domestic abuse protection, including complex asset and property division. J.D., University of Mississippi School of Law, cum laude.
Related Divorce and Family Law Pages
The full practice hub: divorce, custody, support, alimony, and property division across the Pine Belt.
The irreconcilable differences process under § 93-5-2 and the 60-day wait.
The twelve fault grounds of § 93-5-1 and the evidence that proves them.
Representation when disputes over property, custody, or support run deep.
Equitable division of marital assets, retirement accounts, and debt under the Ferguson factors.
The Armstrong factors and the four types of alimony in Mississippi.
The § 43-19-101 percentages, deviations, modification, and enforcement.
Cases filed at the Paul B. Johnson Chancery Court Building in downtown Hattiesburg.
Cases filed at the Gamble Chancery Building in Purvis for Oak Grove and Sumrall families.
Albright-factor custody in both local chancery courts.
Custody and visitation when the parents never married, and how paternity fits in.
A plain guide to the divorce process in chancery court, from filing to final decree.
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Frequently Asked Questions About Divorce in Hattiesburg
Which chancery court handles divorce in Hattiesburg?
It depends on which county you live in, because Hattiesburg sits in both Forrest and Lamar County. Forrest County divorces are filed and decided at the Paul B. Johnson Chancery Court Building on Main Street in downtown Hattiesburg. Lamar County divorces, including cases from Oak Grove and west Hattiesburg, are heard at the Gamble Chancery Building, 403 Main Street in Purvis. In both courts a chancellor, not a jury, decides every issue.
Where do I file for divorce if I live in Oak Grove or Petal?
Oak Grove is in Lamar County, so an Oak Grove resident files at the Gamble Chancery Building, 403 Main Street, Purvis, not in Hattiesburg. Petal is in Forrest County, so a Petal resident files with the Chancery Clerk at the Paul B. Johnson Chancery Court Building in downtown Hattiesburg. Many people with a Hattiesburg mailing address live in Lamar County and must file in Purvis. If you are not sure which county your home is in, we can tell you before anything is filed.
How long do I have to live in Mississippi before filing for divorce?
Either you or your spouse must have been an actual bona fide Mississippi resident for at least six months before filing, under § 93-5-5. Venue is a separate question. A complaint based solely on irreconcilable differences can be filed in either spouse's county of residence, while a fault-based divorce is generally filed in the county where the defendant lives, or in the plaintiff's county if the defendant is a nonresident or cannot be served.
What is the difference between fault and no-fault divorce in Mississippi?
A no-fault divorce for irreconcilable differences under § 93-5-2 requires both spouses to consent, and the complaint must be on file for at least 60 days before it can be heard. A fault divorce under § 93-5-1 requires proving one of twelve grounds, such as adultery, habitual cruel and inhuman treatment, desertion for at least one year, or habitual drunkenness or drug use. Mississippi has no unilateral no-fault divorce based on separation alone, so if your spouse will not agree, you must prove a fault ground. A fault divorce has no waiting period, but the ground must be proved at trial.
Do I have to go to court for a divorce in Hattiesburg?
In most uncontested cases, no. Once the 60-day waiting period has run, your attorney can submit the complaint, consent, property settlement agreement, financial disclosures, and proposed final decree for the chancellor's review and entry without a courtroom appearance. Contested cases are different: you may need to appear at a temporary hearing early in the case, at depositions during discovery, and at the final hearing where the chancellor hears evidence and decides the disputed issues. We tell you well in advance about any appearance that is required.
How long does a divorce take in Hattiesburg?
An irreconcilable differences divorce cannot be heard until the complaint has been on file for at least 60 days under § 93-5-2, so that is the floor for an uncontested case. A fault divorce has no waiting period, but the ground must be proved at trial, and the case runs through service, a temporary hearing, discovery that often takes several months, settlement talks, and a final hearing on the chancellor's calendar. Contested cases take longer than uncontested ones for that reason. Temporary orders on custody, support, and the family home carry you through the wait.
Is Mississippi a 50/50 custody state?
Not automatically, but the starting point changed in 2026. For custody cases filed on or after July 1, 2026, House Bill 1662 presumes that equal parenting time is appropriate. That presumption is rebuttable: the best-interest standard still controls, the chancellor still weighs the Albright factors, and evidence of domestic violence, abuse, or other facts showing that a 50/50 split would not serve the child can defeat it. Under § 93-5-24(9), a parent with a history of family violence also faces a rebuttable presumption against custody.
How is child support calculated in Forrest or Lamar County?
Both courts apply the percentage-of-income guidelines in § 43-19-101: 14 percent of the non-custodial parent's adjusted gross income for one child, 20 percent for two, 22 percent for three, 24 percent for four, and 26 percent for five or more. The percentages are a rebuttable presumption, and the chancellor can deviate only with written or specific on-the-record findings. Support usually runs until the child turns 21, not 18, and parents cannot waive it in a divorce agreement because the right belongs to the child.
How is property divided in a Hattiesburg divorce?
Mississippi is an equitable distribution state, so the chancellor divides marital property fairly, not necessarily fifty-fifty. The court first classifies each asset as marital or separate, then divides the marital estate using the Ferguson factors, which include each spouse's contributions, including homemaking and childcare, any waste of marital assets, tax consequences, and each party's needs. Property acquired during the marriage is generally marital regardless of whose name is on the title, and retirement accounts earned during the marriage can be divided by QDRO. Fault and no-fault divorces use the same rules, though misconduct that harms the marital estate can shift the analysis.
Will I get alimony in a Hattiesburg divorce?
Alimony is not automatic in Mississippi; the chancellor decides it case by case using the Armstrong factors, including the length of the marriage, each spouse's income and earning capacity, health, age, the standard of living during the marriage, and fault. Mississippi recognizes four types: periodic, lump-sum, rehabilitative, and reimbursement alimony. Periodic alimony ends automatically when the recipient remarries, while lump-sum alimony is a fixed, vested obligation. Adultery is a factor the court weighs, not an absolute bar to receiving alimony.
How much does a divorce cost in Hattiesburg?
The cost depends mostly on whether the divorce is contested or uncontested. An irreconcilable differences case with a signed agreement involves far less attorney time than a fault case that runs through a temporary hearing, discovery, depositions, and trial, and complex property cases may also need accountants or appraisers to value a business, real estate, or retirement benefits. Court filing fees are a separate cost paid to the Chancery Clerk. Call (601) 582-5015 and we will talk through your situation and what your case is likely to involve.
What documents do I need for a divorce in Hattiesburg?
For an uncontested divorce, the required documents typically include a Complaint for Divorce, a Consent to Divorce, a Property Settlement Agreement, Financial Disclosures, and a proposed Final Decree, with additional forms if children are involved. For a contested case, the complaint alleges the specific fault ground, and discovery will require tax returns, bank statements, evidence of income, and business records. Bring whatever financial records you have to your first meeting, and we prepare everything for filing in Forrest or Lamar County Chancery Court.
Can I modify my divorce decree after it is final in Hattiesburg?
Parts of it. Custody, child support, and periodic or rehabilitative alimony can be modified on proof of a material change in circumstances, and the petition is filed in the chancery court that issued the original order. To change custody you must show a material change in the custodial home that harms the child and that a change serves the child's best interest under the Albright factors. Property division is final once the decree is entered and is not modifiable except in very limited circumstances such as fraud, and lump-sum alimony cannot be modified.
Can my spouse and I use the same lawyer for an uncontested divorce?
No. One attorney cannot represent both spouses, even in a friendly divorce. What usually happens is that one attorney represents one spouse and prepares the paperwork, while the other spouse either goes unrepresented or hires separate counsel to review the agreement before signing. Having the agreement reviewed by your own lawyer is the safer choice, because the property settlement agreement becomes part of the final decree and property division is very hard to undo.