Am I Eligible to File for Divorce in Mississippi? (2026)
Disclaimer: General legal information only. Not legal advice.
Residency Requirement — 6 Months
Either you or your spouse must have lived in Mississippi for at least 6 months before filing. If you are a non-resident filing against a Mississippi resident, the residency requirement is met by the Respondent's 6-month Mississippi residency.
Which county? File at the Chancery Court in the county where either spouse has lived for 6 months.
Grounds — The Joint Filing Rule
Mississippi's available grounds depend critically on whether both spouses agree:
Both Spouses Agree — Irreconcilable Differences (Joint Filing)
If both spouses agree to divorce and can agree on all issues (property, alimony, custody), file a Joint Complaint for Divorce alleging irreconcilable differences. Both spouses sign as co-complainants.
Requirements:
- Both spouses sign the Complaint
- Property Settlement Agreement signed and notarized by both
- All issues must be resolved before filing
Only One Spouse Wants to Divorce — Must Use a Fault Ground
If your spouse will not sign a joint complaint, you must allege one of Mississippi's 12 fault grounds (Miss. Code Ann. § 93-5-1):
| Ground | Key Element |
|---|---|
| Adultery | Sexual intercourse with a person other than the spouse |
| Habitual cruel and inhuman treatment | Pattern of conduct causing endangerment |
| Desertion for 1 year | Willful abandonment without justification |
| Habitual drunkenness | Excessive alcohol use as a pattern |
| Habitual use of drugs | Habitual use of narcotics or similar |
| Insanity or idiocy | Institutionalization for 3 years prior |
| Impotency at time of marriage | Incapacity to consummate |
| Bigamy | Prior undissolved marriage |
| Pregnancy at marriage (by another) | Without husband's knowledge |
| Incest | Marriage within prohibited degrees |
| Conviction of infamous crime | Felony conviction |
| Natural impotency | Inability to procreate (existed at marriage) |
Proving fault grounds requires evidence and typically a contested hearing with testimony.
Eligibility Checklist
- Either party has lived in Mississippi for 6+ months ✅
- Chancery Court county identified ✅
- Both agree (irreconcilable differences joint filing) — OR one party has a fault ground ✅
- Property Settlement Agreement drafted (for joint filing) ✅
Last reviewed: March 2026 | 6-month residency | Chancery Court | Joint filing = both sign | Fault grounds = 12 options | Miss. Code Ann. § 93-5-1
Written by the SoLongSoulmate.com Editorial Team
Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.