Is an Uncontested Divorce Right for Me?

The checklist

Your spouse has to sign. The $999 fee applies only when your spouse will voluntarily sign the Joint Complaint for Divorce (irreconcilable differences) and the related papers. If your spouse has to be formally served, it is not a $999 case. We quote it separately after a consultation.

A good fit if

Your spouse will voluntarily sign the Joint Complaint for Divorce and the related papers.
You and your spouse both want the divorce.
You agree on how to split property and debts, or you are close and willing to settle the details.
If you have children together, you agree on custody, visitation, and child support.
At least one of you has lived in Mississippi for 6 months or more.

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Not a fit if

Your spouse will not sign, or you cannot find them Then your spouse has to be formally served, and it is not a $999 case. Book a free call and we quote it separately after a consultation.
You disagree about custody, support, or property The court has to decide those issues, which takes a contested case.
There is domestic violence, or you feel pressured or unsafe Your safety comes first. If you are in danger, call 911. Then talk with a family law attorney about protective orders and your options.
Bankruptcy, a business, or complex retirement assets An open bankruptcy, a family business, or pensions that need special court orders call for more than a flat-fee case.

Book a free call for a custom quote

Why one lawyer cannot represent both of you

Even in a friendly divorce, you and your spouse are on opposite sides of the same agreement. What one of you gets in the property split, the other gives up. A lawyer who advised both of you could not push for either one, so the rules do not allow it.

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 saying 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 once the judge signs it. Your spouse should read every page before signing and can have their own lawyer review it.

What "agree" really means

You do not need a written agreement before you call us. You do need to have settled the big questions with your spouse:

The house. Who keeps it, or whether you sell it and how you split the money.
Vehicles. Who keeps each one and who pays any loan.
Debts. Who pays which credit cards, loans, and medical bills.
Retirement and bank accounts. Whether you split them or each keep your own.
Children. Where they live, the visitation schedule, child support, and who covers health insurance.
Alimony. Whether either of you will pay the other, and for how long.

If you agree on most of this and are working out a few details, an uncontested divorce can still work. If you are far apart on any of it, the court will have to decide, and that is a contested case.

Warning signs to take seriously

Some situations look uncontested but are not safe to handle that way:

You feel pressured or afraid to say no to your spouse.
Your spouse controls all the money and you do not know what you own or owe.
Your spouse has hidden assets before, or owns a business you do not understand.
One of you is in bankruptcy or about to file.

If any of these apply, do not sign an agreement yet. Talk with a family law attorney at the firm first. If you are in danger, call 911.

If it is not a fit, what then?

A contested divorce is still possible in Mississippi. Fault grounds like adultery, habitual cruel and inhuman treatment, and desertion are listed in Miss. Code Ann. § 93-5-1. Spouses can also agree to the divorce and ask the judge to decide only the issues they cannot settle. These cases take longer and cost more.

If your spouse will not sign and has to be formally served, it is not a flat-fee case. The firm's family law practice quotes contested and served cases after a consultation. Book a free call for a custom quote.

Eligibility questions

Who qualifies for an uncontested divorce in Mississippi?

For the $999 flat fee, your spouse has to voluntarily sign the Joint Complaint for Divorce and the related papers. You also need to agree in writing on property, debts, and any custody and support terms, and at least one of you must have lived in Mississippi for 6 months before filing.

What is an irreconcilable differences divorce in Mississippi?

An irreconcilable differences divorce is Mississippi's no-fault divorce. Neither spouse has to prove the other did anything wrong. Both spouses must consent to the divorce. It is governed by Miss. Code Ann. § 93-5-2.

What if my spouse won't sign?

Then it is not an irreconcilable differences divorce under Mississippi law, and the $999 fee does not apply. The firm's family law practice can quote a contested case, or one where your spouse is formally served, after a consultation.

What if I cannot find my spouse?

The $999 fee needs your spouse to sign, so it will not work if you cannot find them. A divorce with notice by publication may be possible. That is quoted separately after a consultation.

How long do I have to live in Mississippi to file for divorce?

At least one spouse must have been a real resident of Mississippi for 6 months before the divorce is filed (Miss. Code Ann. § 93-5-5). It only has to be one of you.

Can we file in Mississippi if my spouse lives in another state?

Usually, yes, if you have lived in Mississippi for at least 6 months and your spouse will sign. Where you file depends on where each of you lives. We confirm the right county on your call.

Do we have to be separated before we file?

No. Mississippi does not require a separation period before filing an irreconcilable differences divorce. The 60-day wait starts when the complaint is filed.

Can I get an uncontested divorce if there has been domestic violence?

We do not handle cases involving domestic violence as flat-fee uncontested divorces. Agreements made under pressure are not safe or fair. If you are in danger, call 911. Then talk with a family law attorney at the firm about protective orders and your options.

Is an uncontested divorce in Mississippi right for you?

Do I qualify?