How to Prepare Divorce Papers in Mississippi

Preparing divorce papers in Mississippi can be difficult.

Mississippi, unlike many other states, does not have an online self-help website for the preparation of divorce paperwork. In order to initiate the divorce process, you must prepare and file a bill of complaint for divorce as well as a summons. Those documents must then be filed with the court and served on your spouse in order to officially begin the divorce process in Mississippi.

Instructions

1. Determine that you or your spouse meet the residency requirements. One of you must have been a resident of the state of Mississippi for at least six months before filing the bill of complaint for divorce. Furthermore, the bill must be filed in the county where either you or your spouse resides.

2. Prepare the bill of complaint for divorce. The caption of the bill must include the name of the court (chancery court of the county where you are filing), the names of the complainant and defendant (you and your spouse) and a place for the court to assign a cause number. Title the document "Bill of Complaint for Divorce". In the body of the document, include the full names and birth dates of the parties (you and your spouse) and any minor children born of the marriage. You also need to include the date of the marriage, date of separation, reason for filing for divorce, a statement about the residency requirement and a statement telling the court what you are asking for in the divorce. Mississippi allows you to claim irreconcilable differences as well as 12 specific causes for divorce (see Resources). Sign the bill and make several copies.

3. Prepare the summons. The summons will be captioned the same as the bill and will notify the defendant that they have been summoned into court and that the divorce proceeding has been initiated. A sample summons can be found on the LexisOne website (see Resources).

4. File the bill and summons with the clerk of the chancery court in the county where you intend to complete the divorce. Pay the required filing fee which can vary by county.

5. Serve the bill and summons on your spouse. Service in Mississippi can be completed by personal service, by sheriff, by certified mail or by publication when the defendant cannot be located. If using personal service, it is generally advisable to have a process server serve the defendant.

Tips & Warnings

• It is always best to consult with an attorney when possible before proceeding pro se.

References

• Michie's Legal Resources:Mississippi Code Divorce and Alimony
• Dicorce Source: Mississippi

Resources

• Michie's Legal Resources: Mississippi Code Causes for Divorce
• LexisOne:Free forms