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Residency Requirements

In order to file for a divorce in Mississippi, the couple must have lived in Mississippi for at least 6 months prior to filing for divorce. If one of the spouses is a resident of Mississippi, but stationed in the armed forces, then he or she is still considered a resident.

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In order to begin the divorce procedures in Mississippi one spouse must file a Bill of Complaint for Divorce with either their county or their spouse's county office of the Clerk of the County Chancery Court. This document explains who the couple is, what assets they have, what the filing spouse wants to receive from the divorce and any other general facts about the marriage. Once the complaint is filed it is the job of the filing spouse, now called the complainant, to serve his or her spouse (called the defendant) the complaint and the other necessary forms.

Upon receiving the beginning divorce forms, the defendant must file the necessary forms to state that he/she did receive service and he/she does or does not contest. If the defendant does not contest then the judgment will be smooth and the divorce granted quickly. However, if the couple disagrees on the terms of the divorce, then 60 days must pass before their case can be heard. Once in court, the judge decides the most equitable (fair, not equal) way to divide the property, debts, child custody and any other contested terms of the divorce.

A Note About Forms

Because procedure varies from county to county, you'll need to see your Clerk of the County Chancery Court to receive all the forms necessary to complete your divorce.

If you and your spouse have reached an agreement regarding the terms of your divorce you should use Rocketlawyer's easy interview process to complete a Divorce Settlement Agreement, which can be filed with your other divorce documents. Preparing the document now while both parties have a clear idea of the agreement will help avoid later complications.

If you and your spouse disagree on the terms of the divorce, or you just need help completing the forms, you can use RocketLawyer to Find a Lawyer who's right for your needs.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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