Mississippi Divorce Without Children (2026)

With no minor children, Mississippi's joint complaint process is streamlined. The focus is entirely on the Property Settlement Agreement covering property, debts, and alimony.

Overview

The Joint Complaint Process (No Children)

1. Both spouses agree on all property, debts, and alimony
2. Draft and notarize the Property Settlement Agreement
3. Both spouses sign the Joint Complaint for Divorce (irreconcilable differences)
4. File at Chancery Court; pay $52–$100
5. Wait 60 days
6. Attend brief final hearing; judge approves PSA and enters Decree

Property Settlement Agreement — What to Include (No Children)

All Real Property

For each property:

• Full legal description; agreed value; mortgage balance; net equity
• Assignment: one spouse keeps (buyout; refinancing deadline; fallback; Quitclaim Deed → Chancery Clerk) or sale (proceeds split; timeline)

Financial Accounts

• Each account: institution, type, balance; assignment; transfer instructions

Retirement Accounts

• QDRO for employer plans (marital portion from marriage date to separation date)
• IRA: transfer incident to divorce (Decree language; direct to IRA custodian)
• Mississippi PERS: contact directly for domestic relations order procedures

Vehicles

• Assign each vehicle; who assumes the loan; Mississippi DOR title transfer

Business Interests

• Valuation; buyout; or equal division

All Debts

• Creditor, account number, balance, who assumes, indemnification

Alimony

Either award periodic/lump-sum/rehabilitative alimony with specific terms, or include an explicit waiver: "Each party waives any and all claims for alimony, now and forever."

Separate Property

Address significant pre-marital, gifted, or inherited property to prevent disputes.

What If Your Spouse Won't Sign?

If your spouse refuses to sign the joint complaint, irreconcilable differences is not available. You must file a fault-based Complaint alleging one of Mississippi's 12 fault grounds. This typically requires retaining a Mississippi attorney. Fault-based divorces are contested proceedings — significantly more complex and expensive.

Last reviewed: March 2026 | $52–$100 fee — lowest US | Both must sign joint complaint | PSA required | 60-day wait | Chancery Court | Fault grounds if spouse won't cooperate | mslegalservices.org

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