Mississippi uncontested divorce FAQ

With us, it is a $999 flat attorney fee, plus court filing fees and case expenses. The $999 fee applies when your spouse will voluntarily sign the joint complaint. Filing fees are set by each county. Case expenses, like certified mail and certified copies of the decree, are passed through at actual cost with no markup.

Because the court sets it, not us, and it varies by county. We pass it through at exactly what the chancery clerk charges, with no markup, and it shows on your itemized expense statement.

The $999 attorney fee does not change for a qualifying case. Expenses are limited to the court filing fee, certified mail, overnight mailing, copies and printing, and certified copies of the final decree, all at actual cost.

Each chancery clerk sets its own fee, so it depends on your county. Our pricing page lists fees for 10 of the largest counties. We confirm the exact amount for your county before we file.

Usually, yes. Contested cases usually cost more because the court has to decide the issues, and they take longer. We quote a separate fee for contested work.

No. The intake form and the 15-minute call are free. Once an attorney confirms your case qualifies and you sign an engagement agreement, you pay the $999 attorney fee, the filing fee, and the estimated case expenses up front. You get an itemized expense statement.

No. The flat attorney fee is $999 with or without children. Court filing fees can differ by county, and in some counties they are higher when children are involved.

Your engagement agreement spells this out before you pay. If the case becomes contested, we stop and talk with you about your options and any separate fee before doing more work.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

No. The waiting period is written into the statute for irreconcilable differences divorces. No one can shorten the 60 days.

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.

Yes. You and your spouse must agree on custody, visitation, and child support, and put it in writing. The judge reviews those terms and approves them only if they are adequate and protect the children.

Mississippi guidelines set child support as a percentage of the paying parent's adjusted gross income: 14% for one child, 20% for two, 22% for three, 24% for four, and 26% for five or more (Miss. Code Ann. § 43-19-101). A court can depart from them only with a written finding.

You can propose it, but the judge decides. The guideline amount is presumed correct. If your agreement goes below it, the court needs a reason, and it may reject terms that do not serve the children.

Yes. Parents can agree to joint legal custody, joint physical custody, or both. The judge approves the arrangement if it is in the children's best interest (Miss. Code Ann. § 93-5-24).

Generally until the child turns 21, with some exceptions, such as a child who marries, joins the military full time, or becomes self-supporting earlier. Your agreement should say what happens at each of those points.

Yes. The chancellor must find the custody and support terms adequate before approving them. That is one reason it helps to have a lawyer draft them. We draft the terms with that standard in mind.

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.

No. In a divorce, spouses have opposing interests, even when they agree, so one lawyer cannot advise both without a conflict. We represent only the spouse who hires us, and your spouse signs a waiver of representation and may hire their own attorney.

It is a short document your spouse signs before anything is filed. It says 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.

You can handle almost everything with us by phone, email, and online forms. The papers still get signed in front of a notary and filed in your county chancery court. A website alone cannot grant a divorce. A judge does.

Chancery court. Each county has a chancery clerk, and counties are grouped into chancery court districts with one or more chancellors (judges). You file in the county the law allows, usually where one of you lives.

Usually a complaint for divorce on irreconcilable differences, a written property settlement agreement, custody and support terms if you have children, financial statements, and a final judgment for the judge to sign.

Uniform Chancery Court Rule 8.05 generally requires each spouse in a divorce to file a sworn statement of income, expenses, assets, and debts. Some courts handle this differently in agreed divorces. We tell you what your court requires and help you fill it out.

Yes. Either spouse can withdraw consent before the judge signs the final judgment. If that happens, the case is no longer uncontested, and we talk with you about what comes next.

Tell us on the call. Many couples are close and settle the last details while we draft. If you cannot agree on something, the court would have to decide it, and that is a contested case.

When the chancellor signs the final judgment and the clerk enters it. We send you a copy. Keep it somewhere safe.

Usually, yes. You can ask for your former name to be restored in the final judgment. Tell us at intake so we include it.

Custody, visitation, and child support can be changed later if circumstances change in a significant way. Property division is generally final. That is why it matters to get the property terms right the first time.