How to file for an uncontested divorce in Mississippi
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Step 1: Start your intake
About 2 minutes
Answer a few questions online: both spouses' full legal names, your county, and whether you have children together. This also lets us run a conflict check.
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Step 2: Talk with the firm and sign up
A short phone call
We call to confirm your case qualifies: your spouse will sign, and you agree on the terms. If it does, you sign an engagement agreement and pay the $999 flat attorney fee, the court filing fee, and the estimated case expenses. That is when we become your lawyer.
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Step 3: We prepare your papers
Depends on how fast you send us information
The attorney drafts the Joint Complaint for Divorce, your property settlement agreement, and, if you have children, the custody and child support terms.
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Step 4: Your spouse signs a waiver of representation
Before anything is filed
We represent only you. Your spouse signs a waiver of representation saying they understand the firm is not their lawyer, has given them no legal advice, and that they may hire their own attorney. Then you both review and sign the papers in front of a notary.
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Step 5: We file with the chancery court
The 60-day wait starts
We file your papers with the chancery clerk in the right county. Mississippi law requires the complaint to be on file for 60 days before a judge can grant the divorce.
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Step 6: The judge signs your final judgment
As soon as 60 days after filing
After the waiting period, we present the final judgment to the chancellor. Timing then depends on the court calendar. Some courts want one spouse to attend a short hearing, and we tell you if yours does.
The 60-day waiting period
Mississippi law says an irreconcilable differences divorce cannot be granted until the complaint has been on file for 60 days (Miss. Code Ann. § 93-5-2). The clock starts on the day the clerk files your papers, not the day you first call us.
So a judge can grant the divorce as soon as 60 days after filing, not before. Some cases finish close to that. Others take longer because of the court calendar, a missing signature, or changes to the agreement. Anyone who promises a divorce in less than 60 days is not describing a Mississippi uncontested divorce.
What you need to have ready
- Full legal names and addresses for you and your spouse
- Date and place of marriage, and date of separation
- Children's names and birth dates, if you have children together
- A list of property and debts: home, vehicles, bank accounts, retirement accounts, credit cards, loans
- Income information for both of you, such as recent pay stubs and tax returns
You do not need to have the agreement written. That is our job. You do need to know what you and your spouse have agreed to.
Why your spouse signs a waiver of representation
Robert B. Ogletree PLLC represents only the spouse who hires the firm. Your spouse is not our client. Before anything is filed, your spouse signs a waiver of representation. It says they understand the firm does not represent them, has given them no legal advice, and that they may hire their own attorney.
The agreement binds both of you, so your spouse should read everything before signing. They are welcome to have their own lawyer review it.
Signing and notarizing
Both spouses sign the joint complaint and the agreement. Mississippi courts generally require these signatures to be notarized. We tell you exactly which pages need a notary and help you find one.
Will I have to go to court?
It depends on your county and judge. Some chancellors sign agreed divorces on the papers. Others ask one spouse to attend a short hearing to confirm the facts. We check your court's requirements before we file and tell you if a hearing is needed.
What changes the timeline
- Getting both signatures. This is the most common delay.
- Changes to the agreement. If you renegotiate after signing, the papers have to be redone.
- The court calendar. Busy chancery districts can take weeks to set a date after the 60 days end.
- Withdrawn consent. Either spouse can withdraw consent before the judge signs. If that happens, the case stops being uncontested.
Process questions
How long does an uncontested divorce take in Mississippi?
A judge can grant it as soon as 60 days after the complaint is filed. That 60-day wait is set by Mississippi law (Miss. Code Ann. § 93-5-2). The real finish date also depends on how quickly you both sign and on the court calendar in your county.
Can I get divorced in 60 days in Mississippi?
Not exactly. Sixty days is the minimum wait, not a promise. An irreconcilable differences complaint must be on file for 60 days before it can be heard, so the earliest a judge can sign is after that. Many cases take somewhat longer.
When does the 60-day waiting period start?
It starts when the chancery clerk files the complaint. Time spent before filing, such as gathering information and signing, does not count toward the 60 days.
Can the 60-day waiting period be waived?
No. The waiting period is written into the statute for irreconcilable differences divorces. No one can shorten the 60 days.
What slows down an uncontested divorce?
The most common delays are waiting on a signature, changing the agreement after it is signed, and busy court calendars. Getting your information to us quickly is the best way to keep things moving.
Do I have to go to court?
Often not. Mississippi law allows a judge to grant a properly filed agreed divorce without testimony (Miss. Code Ann. § 93-5-2). Some chancellors (chancery judges) still ask one spouse to attend a short hearing. We check your county's practice and tell you if a hearing is needed.
Start step 1 now
It takes about 2 minutes. $999 flat attorney fee, plus court filing fees and case expenses.
You pay the $999 attorney fee, the court filing fee, and the estimated case expenses up front, after an attorney confirms your case qualifies and you sign an engagement agreement. You get an itemized statement of every expense.