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
SoLongSoulmate.com Editorial Team
Researched using official state court websites and verified legal aid resources. Filing fees and procedures verified June 2026. General legal information only — not legal advice.
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.