If both spouses agree, Mississippi's irreconcilable differences divorce under Section 93-5-2 is the fastest and cheapest path: a written agreement, a 60-day waiting period after filing, and usually no courtroom appearance. Most uncontested divorces we handle finish in 60 to 90 days.
A Better Way to Divorce When You Agree
An uncontested divorce allows couples who have reached agreement on all issues to end their marriage efficiently and with far less stress and expense than a contested divorce.
Using Mississippi’s irreconcilable differences process under § 93-5-2, we help you prepare the necessary agreements and guide you through the straightforward court process so you can move forward with your life.
Benefits of an Uncontested Divorce
Most uncontested divorces are completed in 60 to 90 days instead of months or years.
Significantly reduced attorney fees and court costs compared to contested litigation.
Avoids courtroom battles, public testimony, and prolonged conflict between spouses.
Your Uncontested Divorce Team
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Frequently Asked Questions About Uncontested Divorce in Mississippi
What is an irreconcilable differences divorce in Mississippi?
An irreconcilable differences divorce is Mississippi’s no-fault divorce option under Mississippi Code § 93-5-2. It allows couples to end their marriage without proving fault when both parties agree the marriage is irretrievably broken.
What are the requirements for an uncontested divorce under Mississippi Code § 93-5-2?
Both spouses must sign a written consent to the divorce and submit a property settlement agreement that addresses property division, debt allocation, child custody, visitation, and support. The court must find the agreement's provisions adequate and sufficient before granting the divorce.
How long does an uncontested divorce take in Mississippi?
Most uncontested divorces in Mississippi can be finalized in 60 to 90 days. Under § 93-5-2, the complaint must be on file for 60 days before the court can hear the case and enter a final decree.
Do both parties have to agree to an uncontested divorce in Mississippi?
Yes. Both spouses must voluntarily consent to the divorce and sign all required documents. If one spouse refuses to cooperate or changes their mind, the case may convert to a contested divorce.
What is a property settlement agreement in Mississippi divorce?
A property settlement agreement is a written contract between the spouses that divides marital assets, debts, retirement accounts, and addresses child custody, visitation, and support. It must be approved by the court and becomes part of the final divorce decree.
Can we use the same attorney in an uncontested divorce in Mississippi?
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 always the safer choice.
What happens if one spouse changes their mind after filing for uncontested divorce?
If one spouse withdraws consent before the divorce is final, the uncontested case generally cannot proceed, though once the court has begun proceedings on issues the spouses submitted for decision, § 93-5-2 requires the court's permission to withdraw that consent. The filing spouse may then amend the complaint to seek a contested divorce on fault grounds under Mississippi Code § 93-5-1.
How is child custody handled in an uncontested divorce in Mississippi?
Parents must agree on legal and physical custody, visitation schedules, and decision-making authority. The agreement must be in the child’s best interest. The court will review and approve the custody provisions as part of the property settlement agreement.
How is child support determined in an uncontested divorce?
Child support is calculated using Mississippi’s percentage-of-income guidelines under Mississippi Code § 43-19-101. The parties can agree to the statutory amount or request a deviation, which the court must approve as being in the child’s best interest.
Can we get divorced without going to court in Mississippi?
In most uncontested cases, the parties do not need to appear in court. The attorney can submit all documents for the judge’s review and entry of the final decree, provided the 60-day waiting period has been satisfied.
What documents are required for an uncontested divorce in Mississippi?
Required documents typically include a Complaint for Divorce, Consent to Divorce, Property Settlement Agreement, Financial Disclosures, and a proposed Final Decree. Additional forms may be required if children are involved.
How much does an uncontested divorce cost in Mississippi?
Costs vary depending on complexity. Attorney fees for a straightforward uncontested divorce are generally significantly lower than contested cases. Court filing fees are modest. We provide transparent flat-fee options for uncontested matters.
Can we file for uncontested divorce if there are allegations of fault?
Yes. Even if fault grounds exist (adultery, cruelty, etc.), couples can still choose to proceed on irreconcilable differences if both parties agree. This often results in a faster and less expensive resolution.
What is the 60-day waiting period in Mississippi uncontested divorce?
Mississippi Code § 93-5-2 requires the complaint to be on file for 60 days before the court can hear the case and grant a final divorce decree. This cooling-off period applies to all irreconcilable differences divorces.
Can an uncontested divorce be converted to a contested divorce?
Yes. If the parties cannot reach agreement on all issues or one spouse withdraws consent, the case can be converted to a contested divorce. Additional time, discovery, and court hearings will then be required.