Mississippi Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm residency: either party has lived in Mississippi for 6+ months
• Identify the Chancery Court county (where either spouse has lived for 6 months)
• Determine path: Joint Complaint (both agree) or Fault-based Complaint (one spouse won't cooperate)
• If joint: confirm both spouses will sign the Complaint and PSA

Phase 2 — Financial Inventory

• List all marital property acquired during the marriage
• List all separate property (pre-marital, gifts, inheritances) — document with records
• Bank and investment account statements
• Retirement account balances (marital portion vs pre-marital)
• Real estate: appraisal or agreed value; mortgage balances
• Vehicles: values and loan balances
• All debts: creditor, balance, account number
• Business interests (if any)
• Income documentation: pay stubs, last 2 years tax returns

Phase 3 — Draft the Property Settlement Agreement

For joint (irreconcilable differences) divorces, the PSA must be complete before filing:

• All real property addressed (assignment, deed transfer, mortgage, refinancing)
• All financial accounts assigned
• Retirement accounts: QDRO for employer plans; IRA transfer incident to divorce
• Vehicles assigned; title transfer procedure
• All debts assigned; indemnification language
• Alimony: award with terms — or explicit waiver
• If children: legal custody, physical custody, parenting time, child support per MS Guidelines
• Both spouses sign and notarize the PSA

Phase 4 — Complete Court Forms

• Joint Complaint for Divorce (both spouses sign) — or Complaint for Divorce (fault-based)
• Summons (clerk issues; not needed for joint complaint in most counties)
• Proposed Decree of Divorce (many Mississippi counties require you to prepare)
• If children: Uniform Chancery Court Child Support form
• Fee waiver application if needed

Phase 5 — File at Chancery Court

• File Joint Complaint + PSA at the Chancery Court Clerk's office
• Pay $52–$100 filing fee
• Receive case number
• 60-day waiting period begins on filing date

Phase 6 — 60-Day Waiting Period

• Cannot hold final hearing until 60 days after filing
• Use time to complete any outstanding financial disclosures
• Schedule final hearing with Chancery Court (check court's scheduling procedure)
• If children: confirm child support worksheet compliance with MS Guidelines

Phase 7 — Final Hearing

• Appear before the Chancery Court judge
• Both spouses (or at least the filing spouse and an attorney) present
• Judge reviews PSA; asks questions if needed
• Judge enters Decree of Divorce if satisfied
• Obtain certified copies from Chancery Clerk

Phase 8 — Post-Decree Steps

• Real estate deed: record at County Chancery Clerk (Mississippi uses Chancery Clerk for real property records)
• QDRO for retirement plans
• Vehicle titles: Mississippi DOR title transfer
• Name restoration: Mississippi DPS → Social Security → financial accounts
• Update beneficiary designations: life insurance, retirement, payable-on-death

Last reviewed: March 2026 | $52–$100 (lowest US) | Chancery Court — not Circuit Court | Joint Complaint = both sign | PSA required with complaint | 60-day wait | Chancery Clerk for deed recording

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.