Mississippi Divorce When Your Spouse Won't Cooperate (2026)

If your spouse refuses to sign a Joint Complaint, you cannot use the irreconcilable differences ground. You must file a fault-based Complaint alleging one of Mississippi's 12 statutory grounds.

Fault-Based Complaint — Overview

1. You (the Complainant) file a Complaint for Divorce alleging a specific fault ground
2. The Respondent (your spouse) is served with the Complaint and Summons
3. The Respondent has 30 days to file an Answer
4. If no Answer filed: proceed to default
5. If Answer filed: contested divorce — discovery, possible trial
6. 60-day waiting period still applies
7. Final hearing before Chancery Court judge

Service Options

Option 1 — Acceptance/Waiver of Service

Ask your spouse to sign a Waiver of Process. Even uncooperative spouses sometimes sign to avoid having the Sheriff appear. Worth trying first.

Option 2 — Sheriff's Service

The most common method. File the Summons with the Chancery Clerk. The Sheriff's office in the county where your spouse lives serves them and files a Return of Service.

• Cost: ~$30–$60

Option 3 — Process Server

Private process servers are available in Mississippi. Often faster than Sheriff service in rural areas.

Option 4 — Publication (Unknown Location)

If you cannot locate your spouse after a diligent search:

1. File an Affidavit of Diligent Search
2. Court authorizes publication
3. Publish in a qualified newspaper for the required period (typically once per week for 3–4 weeks)
4. Cost: ~$75–$200

The 12 Fault Grounds — Key Elements

Most commonly used grounds:

Adultery: Must prove (1) sexual intercourse with a person other than the spouse and (2) the adulterous relationship. Direct evidence or circumstantial evidence (opportunity + inclination) can suffice.

Habitual cruel and inhuman treatment: A pattern of conduct that endangers the life, limb, or health of the complaining spouse, or creates a reasonable apprehension of such danger — or that makes life intolerable.

Desertion for 1 year: The Respondent willfully abandoned the marital home without justification for at least 1 year.

After Service — Response Deadline

The Respondent has 30 days after personal service to file an Answer. If no Answer is filed, file a Motion for Default.

Default Process

1. File Motion for Default (or request clerk's default)
2. Default entered
3. 60-day waiting period still applies from the original filing date
4. Schedule default hearing before Chancery Court judge
5. Present evidence supporting the fault ground (corroborating testimony may be required)
6. Judge enters Decree of Divorce by default
7. Judge also rules on property division, alimony, and custody (if children)

Temporary Orders (Pendente Lite)

During the case, file a Motion for Temporary Orders for:

• Temporary alimony or support
• Exclusive use of the marital home
• Temporary custody and child support (if children)
• Restraining order against dissipation of marital assets

Last reviewed: March 2026 | Fault ground required if spouse won't sign joint complaint | 12 statutory grounds | 60-day wait still applies | Chancery Court | Default after 30 days of no Answer | Temporary orders available | mslegalservices.org

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