Guide to Uncontested Divorce in Mississippi

Uncontested / Simple Divorce in Mississippi: A Plain-English Guide

Important: PlainDivorce is not a law firm, and this article is not legal advice. It’s general legal information to help you understand how an uncontested divorce in Mississippi typically works. Court practices can vary by county and chancery district. Always confirm your local requirements with your Chancery Clerk or a Mississippi family law attorney.

If you and your spouse agree the marriage is over and you want to avoid a long, expensive court fight, an uncontested divorce can be a practical option. In Mississippi, the best case uncontested path is usually a divorce based on Irreconcilable Differences, but Mississippi has strict rules that people often miss.

This guide explains the Mississippi process in plain English, including two common “hard stop” items that derail DIY filings: (1) a complete Property Settlement Agreement (PSA) and (2) the Rule 8.05 Financial Declaration (or the specific waiver your court allows). We’ll also cover the 60-day statutory waiting period, how filing works in Chancery Court, what happens when you have children, typical timelines and costs, and when DIY may not be safe.

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Table of Contents

• 1. What Is an Uncontested or Simple Divorce in Mississippi?
• 2. Who Qualifies for an Uncontested Divorce in Mississippi?
• 3. Step-by-Step: Mississippi Uncontested Divorce in Chancery Court
• 4. Special Issues When You Have Children
• 5. How Long Does an Uncontested Divorce Take in Mississippi?
• 6. What Does an Uncontested Divorce Cost?
• 7. When a DIY Divorce Might Not Be Right for You
• 8. Where a Self-Help Divorce Kit Fits Into the Process
• 9. Final Thoughts and Next Steps

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1. What Is an Uncontested or Simple Divorce in Mississippi?

Mississippi divorces are handled in Chancery Court, and the case is started by filing a lawsuit document commonly called a Bill of Complaint for Divorce (sometimes filed as a Joint Bill of Complaint for Divorce when both spouses file together).

When people say “simple” or “uncontested” divorce in Mississippi, they are usually talking about an Irreconcilable Differences divorce (Mississippi’s no-fault option). “Uncontested” means you and your spouse agree on the big issues, so the judge does not have to hold a full trial to decide them.

In plain English, a Mississippi uncontested divorce usually means you both agree on:

• Ending the marriage on Irreconcilable Differences (mutual consent is required)
• Property and debts (who keeps what, who pays what)
• Alimony (spousal support), if any
• If you have children under 21: custody, parenting time, and child support

The #1 Mississippi reality: your PSA is the core document

If you are divorcing on Irreconcilable Differences, you generally need a signed, written Property Settlement Agreement (PSA) for the court to grant the divorce. The PSA is the document that tells the court you have resolved the required issues and gives the judge something to approve and incorporate into the final decree.

If you file for Irreconcilable Differences without a complete PSA (and child-related terms, if applicable), you are likely to hit delays, or the court may refuse to grant an Irreconcilable Differences divorce until the missing agreement issues are properly handled.

The “hard stop” most people don’t expect: Rule 8.05 financial disclosure

Even when spouses agree on everything, many Mississippi Chancery Courts expect a Rule 8.05 Financial Declaration from each party (or the specific Waiver of Rule 8.05 your judge allows) in the record. If the judge asks “Where is your 8.05?” and it is missing, your hearing can be delayed.

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2. Who Qualifies for an Uncontested Divorce in Mississippi?

2.1 Residency requirements

In many cases, at least one spouse must have lived in Mississippi for 6 months before filing. Divorce cases are filed in Chancery Court, usually in a county where one spouse lives (local venue rules can vary).

2.2 The uncontested “Irreconcilable Differences” ground

For most uncontested cases, the key ground is Irreconcilable Differences. Mississippi requires mutual consent for this no-fault path, meaning your spouse must cooperate. If your spouse refuses to participate, you may have to explore other grounds, which typically is not “simple” and often requires legal help.

2.3 When your case is a good fit for a simple or uncontested divorce

• You both want the divorce and can cooperate on paperwork.
• You can sign a clear Property Settlement Agreement (PSA) covering property, debts, and support.
• You can complete required financial disclosures (often Rule 8.05) or the correct waiver your court accepts.
• If you have children, you can agree on custody, parenting time, and child support terms that the court will accept.
• There is no major hiding of assets, intimidation, or safety risk.

2.4 When uncontested divorce may not work

• Your spouse refuses to sign a PSA or participate at all.
• There is domestic violence, threats, stalking, or coercive control.
• You suspect hidden income or assets, or you cannot access financial information.
• You have complex property (business, multiple properties, large retirement accounts) and you’re unsure what is fair.
• Immigration, major tax consequences, bankruptcy, or benefits issues are in play.

If any of these apply, consider at least a consultation with a Mississippi family law attorney or legal aid office before signing anything.

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3. Step-by-Step: Mississippi Uncontested Divorce in Chancery Court

Mississippi procedure can vary by chancery district, but most uncontested cases follow a similar flow. The key is using the correct local language and documents: Chancery Court, Chancery Clerk, (Joint) Bill of Complaint for Divorce, and the core agreement, your Property Settlement Agreement (PSA).

Step 1 – Confirm eligibility and choose the uncontested filing style

• Confirm residency (commonly 6 months for at least one spouse).
• Confirm your spouse will cooperate for an Irreconcilable Differences divorce.
• Decide whether you will file as a Joint Bill of Complaint (both spouses as co-plaintiffs) or whether one spouse files and the other signs a waiver/appearance.

Why joint filing matters: Mississippi law allows an irreconcilable differences divorce to be started by a joint complaint, which often removes the need for service of process because both spouses are filing together.

Step 2 – Draft and sign the Property Settlement Agreement (PSA)

This is the heart of an uncontested Mississippi divorce. Your PSA should clearly address:

• Who keeps which assets (home, vehicles, bank accounts, personal property)
• How debts are handled (credit cards, loans, taxes)
• Whether alimony is paid (amount/duration) or waived
• If you have children: custody, parenting time, child support, insurance, and expense sharing

Many couples sign the PSA in front of a notary. If you are not sure your agreement is fair or you don’t fully understand the long-term impact, this is a smart place to get legal advice.

Step 3 – Complete the “hard stop” paperwork (Rule 8.05 + cover sheet)

Two items commonly cause clerk rejections or judge delays in uncontested cases:

• Rule 8.05 Financial Declaration for each spouse (or the specific Waiver of Rule 8.05 your court accepts).
• Civil Case Filing Form (AOC-01) (a required cover sheet many clerks use to open the case and report data).

Tip: Ask your Chancery Clerk whether your district has a preferred version of the Rule 8.05 form or a local waiver, and whether any local cover sheets are required in addition to AOC-01.

Step 4 – Prepare the Chancery Court filing package

Depending on your county and whether you are filing jointly or one spouse is filing, your package often includes:

• Joint Bill of Complaint for Divorce (or Bill of Complaint + the other spouse’s appearance/waiver documents)
• Property Settlement Agreement (PSA) (signed)
• Rule 8.05 Financial Declarations (or accepted waiver)
• Civil Case Filing Form (AOC-01)
• If you have children: parenting terms and any local child-related requirements your court uses

Mississippi does not have one single statewide uncontested divorce packet that fits every county. Your chancery district may have local preferences, so always confirm with your Chancery Clerk what your court expects.

Step 5 – File with the Chancery Clerk

You file in the Chancery Court by submitting your documents to the Chancery Clerk in the proper county, paying the filing fee (or requesting a fee waiver if available). The clerk opens the case and assigns a case number.

Step 6 – Service, waiver, or no service (depending on whether you filed jointly)

How your spouse is notified depends on how you filed:

• Joint filing: Many couples file together as co-plaintiffs, which usually removes the need for service because both spouses are already part of the filing.
• One spouse files: The other spouse is typically served unless they sign an Entry of Appearance and Waiver (often called a waiver of service) that your court accepts.

Don’t skip this step. Missing service paperwork (or a missing waiver) is a common reason uncontested cases get delayed.

Step 7 – The 60-day statutory waiting period (starts from filing)

For an Irreconcilable Differences divorce, Mississippi has a 60-day statutory waiting period before the case can be heard and finalized. The practical takeaway is that the complaint must be on file for 60 days, so the clock is tied to the filing date.

Step 8 – Finalize: the Final Decree of Divorce

If the judge is satisfied that the court has jurisdiction and your paperwork is complete and acceptable (especially the PSA and the required financial disclosures), the court will enter a Final Decree of Divorce. That order is what legally ends the marriage.

Afterward, request certified copies from the Chancery Clerk if you need proof of divorce for a name change, benefits, remarriage, or other official purposes.

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4. Special Issues When You Have Children

When children are involved, Mississippi Chancery Court must protect the best interests of the child, even if both parents agree. Your PSA and parenting terms should clearly address:

• Custody and parenting time schedule (including holidays and transportation)
• Child support amount and payment method
• Health insurance and uninsured medical expenses
• School and decision-making expectations (communication, exchanges, emergencies)

Also expect the court to look closely at financial disclosures. In many districts, the Rule 8.05 Financial Declaration (or accepted waiver) is especially important when child support or alimony is part of the agreement.

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5. How Long Does an Uncontested Divorce Take in Mississippi?

Even when everything is friendly, Mississippi has built-in timing rules and real-world court scheduling differences.

• Before filing: time to reach agreement and sign a complete Property Settlement Agreement (PSA).
• Residency: commonly 6 months for at least one spouse before filing.
• 60-day waiting period: the complaint must be on file for 60 days before the case can be heard in an irreconcilable differences divorce.
• Court processing: varies by chancery district (some courts set short hearings; others finalize based on paperwork if correct).

In many straightforward uncontested cases, people see finalization around 2–4 months from filing, but your chancery district’s schedule and paperwork quality can move that timeline up or down.

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6. What Does an Uncontested Divorce Cost?

The main hard cost in a Mississippi DIY divorce is usually the Chancery Court filing fee. Fees vary by county and can change over time.

In many counties, uncontested or joint filings are commonly in the $148 to $160 range, but you must confirm the current amount with your Chancery Clerk before filing.

Other common costs can include:

• Service fees (sheriff/process server) if your spouse does not sign an Entry of Appearance and Waiver
• Notary fees (often for the PSA and sworn documents)
• Copies and certified copies from the Chancery Clerk
• Parent education requirements (if ordered locally in cases with children)

Compared to a fully contested divorce with attorneys, an uncontested Mississippi divorce is usually far less expensive, especially when you and your spouse cooperate and your paperwork is complete the first time.

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7. When a DIY Divorce Might Not Be Right for You

DIY can save money, but it’s not safe or smart in every situation. Consider getting legal help if:

• There is domestic violence, stalking, threats, or fear for your safety
• Your spouse is pressuring you to sign a PSA you don’t understand
• You suspect hidden assets/income or you cannot access financial records
• You have complex property (business interests, multiple properties, major retirement assets)
• Immigration, benefits, bankruptcy, or major tax issues are involved
• Your spouse refuses to cooperate (no PSA, no waiver, no agreement)

PlainDivorce provides legal information and self-help tools only. We cannot tell you what settlement is “fair” or what you should personally accept. If you are unsure about your rights or safety, contact a Mississippi attorney or legal aid clinic.

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8. Where a Self-Help Divorce Kit Fits Into the Process

Many uncontested Mississippi divorces get delayed for one reason: paperwork confusion, especially around the Property Settlement Agreement (PSA), Rule 8.05 disclosures, and service or waiver steps.

A Mississippi-focused self-help kit can help you:

• Understand the Chancery Court process and local terminology (Joint Bill of Complaint, PSA, waiver)
• Use checklists so you don’t miss critical steps (especially Rule 8.05 and cover sheet items)
• Organize your property/debt information so your PSA is clear and complete
• Reduce common mistakes that lead to delays or rejected filings
• Stay on track through the 60-day waiting period and finalization

Download Our Mississippi Uncontested Divorce Self-Help Kit

Our kits do not replace a lawyer and are not a guarantee of court approval. They’re designed to give you structure and clarity for an uncontested Mississippi divorce when both spouses are cooperating.

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9. Final Thoughts and Next Steps

If you want the simple uncontested route in Mississippi, think like the Chancery Court thinks:

• Use the right language: Chancery Court, (Joint) Bill of Complaint for Divorce, Property Settlement Agreement (PSA), and (when applicable) Entry of Appearance and Waiver.
• Make your PSA complete and clear. This is the core document for an irreconcilable differences divorce.
• Do not get blindsided by Rule 8.05. File the required financial disclosures (or the accepted waiver) so your hearing does not stall.
• Plan around the 60-day waiting period, which is tied to the filing date.
• Verify your county’s current filing fee and any local cover sheets before you file.

Remember: this guide is legal information only, not legal advice. If you have safety concerns, complex finances, or uncertainty about fairness, speak with a Mississippi attorney or legal aid office before you sign or file anything.