Stone County divorces are filed and decided at the Stone County Chancery Court at the courthouse in Wiggins on Highway 49. A chancellor, not a jury, hears all family law cases, deciding issues like property division, custody, and support. We guide you through every step from filing with the Chancery Clerk to final decree.
- All Stone County divorces are heard before a chancellor in chancery court
- File your complaint with the Chancery Clerk at the courthouse in Wiggins
- Uncontested divorces take 60-90 days under Mississippi Code § 93-5-2
- Custody is decided under the Albright factors, including child preference at 12+
- We serve Wiggins, Perkinston, McHenry, and all of Stone County
Experienced Stone County Family Law Representation
Divorce is one of life's most challenging decisions, and navigating the Stone County Chancery Court system requires an attorney who understands both the legal complexities and the human dimensions of family law. Since 1980, Lowrey, Fortner, & Miri P.A. has represented families throughout Stone County and the Highway 49 corridor, from Wiggins to Perkinston, McHenry, and rural areas of the county.
The Stone County Chancery Court at the courthouse in Wiggins is where all family law matters, divorce, child custody, child support, alimony, and adoption, are resolved. Many of our clients are families living along Highway 49 between Hattiesburg and the Gulf Coast, often with parents commuting to jobs at the Coast. Our office is in nearby Hattiesburg, and we understand Stone County's chancery process inside and out. We are here to protect your rights and your family's future.
How Divorce Works in Stone County
Understanding the Stone County chancery court process helps you prepare for what lies ahead. Here is the typical timeline for a divorce at the Stone County Chancery Court in Wiggins.
Your attorney prepares and files your Complaint for Divorce with the Chancery Clerk at the courthouse in Wiggins. You pay court filing fees and receive a docket number and return date.
Your spouse must be properly served with the complaint and summons. Service is usually by sheriff or process server, or by first-class mail if the other party signs and returns an acknowledgment form; certified mail is allowed only when the other party is outside Mississippi, and in an agreed case the other party can instead sign a written waiver of process after the case is filed. Once served, your spouse has time to respond to the court.
Early in the case, the chancellor holds a temporary hearing at the Stone County Chancery Court to decide immediate issues: custody, visitation, use of the family home, and temporary support. These temporary orders remain in effect until the final decree.
Both sides exchange financial documents and information. Many cases settle during negotiation. Our attorneys work to resolve disputes efficiently while protecting your interests and your children's welfare.
If settlement is reached, your attorney submits the agreed judgment to the chancellor for approval. If the case goes to trial, the chancellor hears evidence and decides all remaining issues.
The chancellor issues a Final Decree of Divorce that divides property, awards custody, determines support obligations, and finalizes the divorce. This decree becomes part of the public record at the chancery court.
The Courts That Serve Stone County
Courthouse in Wiggins, Highway 49. Handles all family law: divorce, custody, child support, alimony, adoption, estates, and guardianships. A chancellor presides over all cases. Stone County is in the Eighth Chancery Court District with Harrison and Hancock counties (§ 9-5-27); the Second Circuit Court District, made up of the same three counties, hears felonies and civil suits.
Courthouse in Wiggins. Handles state felony trials and civil suits. Family law matters do not go to circuit court; they remain in chancery court.
Courthouse in Wiggins. Handles misdemeanors and small civil claims up to $3,500. Not used for divorce or custody matters.
Your Stone County Divorce Team
Related Family Law Services
The regional page: every chancery district from the Pine Belt to the coast and the Jackson metro, and where to file.
Comprehensive family law services including divorce, custody, support, and more.
Strategic representation when spouses cannot agree on major issues.
Update custody orders when circumstances change significantly.
Skilled defense for criminal charges in Stone County courts.
Representation in nearby Pearl River County.
Advocating for fair child support under Mississippi guidelines.
What Families Say About Our Team
Rated 4.7 out of 5 on Google
“… [KJ Miri] is extremely professional, knowledgeable, and hard working. She truly has her clients’ and their children’s best interests in mind…”
Google Review
“Highly recommend KJ Miri! She was upfront and honest with me during the entire process, and fought for what was best for my child! Her office has a very good response time and does not leave you waiting for a reply!”
Google Review
“KJ is a great attorney! I always felt like a priority. She was easy to talk to, and answered every question I had.”
Google Review
Reviews are from actual clients on Google and Avvo. Every case turns on its own facts and law, and prior results do not guarantee a similar outcome.
Frequently Asked Questions About Stone County Divorce
Where is the Stone County Chancery Court located?
The Stone County Chancery Court is located at the courthouse in Wiggins, Mississippi, on Highway 49. This is where all divorce, custody, child support, alimony, and adoption cases in Stone County are filed and decided.
How do I file for divorce in Stone County?
To file for divorce in Stone County, you must file your Complaint for Divorce with the Chancery Clerk's office at the courthouse in Wiggins. The Chancery Clerk assigns your case a docket number; your spouse then has 30 days after service to answer a divorce complaint.
Who hears divorce cases in Stone County?
Divorce cases in Stone County are heard by a chancellor, not a jury. The chancellor is a judicial officer who decides all family law matters including divorce, custody, child support, alimony, and property division. Chancellors are elected judges.
What is the 60-day waiting period under Mississippi Code § 93-5-2?
Under Mississippi Code § 93-5-2, there is a mandatory 60-day waiting period before an uncontested divorce can be finalized. This waiting period begins when you file your Complaint for Divorce with the Stone County Chancery Court. An uncontested divorce typically takes 60 to 90 days to complete.
How is child custody decided in Stone County?
Stone County Chancery Court applies the Albright factors to determine child custody. These factors include the parent-child relationship, the ability of each parent to care for the child, the child's relationship with siblings, and the child's preference if the child is 12 or older. The court applies these factors while keeping the child's best interests foremost.
What happens when parents commute to Gulf Coast jobs in custody cases?
When parents work along the Highway 49 corridor or at Gulf Coast jobs in Gulfport or Biloxi, the Stone County Chancery Court considers commuting time and work schedules when arranging custody and visitation. The court may allow flexible arrangements that accommodate parents' employment needs while protecting the child's time with each parent.
What is a temporary order in a Stone County divorce?
A temporary order is issued early in a Stone County divorce case to address immediate needs such as child custody, visitation, child support, alimony, and use of the family home during the pendency of the divorce. The chancellor holds a temporary hearing to determine these provisions while the case is ongoing.
What is the difference between contested and uncontested divorce in Stone County?
In an uncontested divorce, both spouses agree on all issues including property division, custody, support, and alimony. A contested divorce occurs when the spouses cannot agree, requiring the chancellor to hear evidence and decide the disputed issues. Uncontested divorces move faster through the Stone County Chancery Court.
What happens during a temporary hearing in Stone County Chancery Court?
At a temporary hearing at the Stone County courthouse in Wiggins, both spouses present evidence to the chancellor regarding immediate custody, visitation, support, and possession of assets and property. The chancellor issues temporary orders that remain in effect until the final divorce decree is entered.
Can I get child custody and support in Stone County?
Yes. The Stone County Chancery Court determines child custody using the best interests of the child standard and awards child support under Mississippi's income-based guidelines. The chancellor considers each parent's income, custody arrangement, and the child's needs when deciding support amounts.
What areas near Wiggins do you serve?
We serve Wiggins, Perkinston, McHenry, and all of rural Stone County along Highway 49 between Hattiesburg and the Gulf Coast. Our office is in Hattiesburg, just a short drive from the Stone County Chancery Court, making it convenient for all your divorce and family law matters.
Do I need a lawyer for my Stone County divorce?
While not required, hiring an experienced Stone County divorce attorney is strongly recommended. The chancery court process is complex, and a knowledgeable attorney can protect your rights, ensure proper filing with the Chancery Clerk, advocate effectively during temporary hearings, and negotiate favorable settlements.
How much does a Stone County divorce cost?
The cost of a Stone County divorce varies based on complexity. Court filing fees are a separate cost paid to the chancery clerk. Attorney fees depend on whether the divorce is contested or uncontested. Call (601) 582-5015 to discuss your situation and what your divorce would cost.