Do-It-Yourself Divorce Papers in Mississippi

By Elizabeth Stock

Divorce is the legal recognition that your marriage has come to an end. However, to avoid the cost of hiring an attorney to file for divorce in Mississippi, you and your spouse may decide to file for divorce on your own, without seeking legal assistance. This may be an option if you and your spouse are filing an uncontested divorce, meaning you two agree on all the material issues of the divorce, including child custody and division of the marital assets. If you anticipate a contested divorce, hiring a lawyer is likely a better option.

Satisfy Residency Requirements

To apply for a divorce in Mississippi, you must meet the state’s residency requirements. You or your spouse must be a resident of the state for a minimum of six months prior to filing the divorce petition. This enables the court to obtain jurisdiction over your divorce. If you do not meet this requirement, you may need to wait if you wish to file for divorce in Mississippi.

Complete Divorce Form

No standard divorce form exists for the state of Mississippi. However, many local courts have created their own template or form you can use when filing within their jurisdiction. Therefore, contact the court in your county to obtain a divorce form. Most divorce forms ask for basic contact information about you and your spouse, and the reason for your divorce. For a divorce citing irreconcilable differences, a Mississippi court will not grant the divorce until the minimum 60-day waiting period has elapsed. In addition, you and your spouse must both join in the complaint requesting the divorce.

Divorce is never easy, but we can help. Learn More

Complete Property Settlement Agreement

The property settlement agreement is a document entered into by both spouses that conveys how they would like their marital property distributed following the divorce. For example, you and your spouse may specify which spouse will receive the family home in the divorce and how any retirement accounts will be distributed. This document is usually filed with the original joint complaint.

Sign in Front of Notary and File Complaint

The joint complaint for divorce must be signed by both parties in the presence of a notary. Next, file the completed complaint and property settlement agreement with the chancery clerk in the county where either you or your spouse live. In addition, you will need to submit a filing fee with your completed divorce form at the time of filing.

Guardian Ad Litem

For divorces filed without professional legal assistance, Mississippi requires any children of the marriage to have a guardian ad litem appointed to represent their interests. A guardian ad litem is a Mississippi licensed attorney responsible for investigating the facts surrounding the best interests of the child in the divorce. The guardian ad litem will appear at all divorce proceedings and argue a position she believes represents the best interests of the child involving custody and visitation issues.

Divorce is never easy, but we can help. Learn More
How to Write a Divorce Complaint in Tennessee

References

Related articles

How to Stop Divorce Proceedings in California in the First 30 Days

Married couples often reconcile their differences once a divorce has been filed. To stop the divorce process within the first 30 days, the spouse who filed for divorce should inform the court there is no need to continue with the divorce process. To do so, the spouse who filed for divorce, called the petitioner, can file a request for dismissal with the court. Only the petitioner can file this form, as the other spouse cannot stop the process. However, if the other spouse has already filed his response, he must agree to stop the divorce and also sign off on the paperwork.

Can You Get a Divorce in 30 to 31 Days in Georgia?

Filing for divorce can be hard and unpleasant, making it likely you will want your divorce finalized as soon as possible. Georgia law allows a married couple to obtain a divorce 31 days after the defendant is served with a copy of the divorce complaint under certain circumstances. Whether a divorce will be granted this quickly depends on the complexity of the divorce and whether the spouses have signed a settlement agreement.

What Happens After Filing for Divorce in Oregon?

When you file for divorce, you will complete a divorce petition. The petition asks for personal information about both you and your spouse, including your home address. In addition, you must include the terms of your divorce in the petition. For example, you will decide how to divide the marital property and child custody arrangements. Whether you and your spouse agree about the terms of your divorce will determine what occurs after you file for divorce.

Get Divorced Online

Related articles

Uncontested Divorce Documents and Requirements in Illinois

Conflict is often at the center of a divorce. If a couple can come to an agreement regarding how to end their marriage, ...

Do You Have to Wait 30 Days for a Decree of Divorce in Arkansas?

Even if divorcing spouses agree on all marital issues, such as custody and property division, Arkansas imposes a 30-day ...

How to Do Your Own Divorce in Ohio

Either spouse may legally file for divorce in the state of Ohio. If your divorce is uncontested or no-fault, you can ...

Procedures for an Amicable Divorce in Maryland

Maryland offers an amicable divorce process for couples who can agree on all the terms of their divorce. This is known ...

Browse by category
Ready to Begin? GET STARTED