Divorce can be difficult, emotionally, financially and legally. Understanding the process in Mississippi can help you feel prepared and in control. Gregory D. Keenum PA, we have helped many clients navigate through the divorce process since 1979, providing clarity, compassion and expertise. Whether your divorce is friendly or contentious, our step-by-step guide will help you understand the legal process in Mississippi and the importance of having experienced legal representation.

Step 1: Determine Eligibility and Grounds for Divorce

Before filing for a divorce in Mississippi, you must meet the residency requirement that at least one of your spouses has lived in the state for at least six months prior to filing. You will also need to provide legal grounds for the divorce, which can be either no-fault or fault-based.

• No-Fault Divorce (Irreconcilable Differences): Under Mississippi law, couples can divorce without assigning blame if they agree that the marriage is irretrievably broken. This requires both parties to sign a settlement agreement that covers property division, alimony, child custody and support, or to allow the court to decide these matters.
• Fault-Based Divorce: If one spouse disputes the divorce or fails to agree on the terms, you can file based on grounds of fault, including adultery, repeated cruel and inhumane treatment, abandonment for a year, chronic alcohol or drug use, or imprisonment. These are listed in Mississippi Code § 93-5-1. Proving fault can impact alimony, property division, and even child custody, making legal advice essential.

Step 2: File the Complaint for Divorce

The divorce process officially starts when one spouse, the “plaintiff”, files a complaint for divorce in the chancery court of the county where they reside. The complaint should specify the reasons for the divorce and outline the requesting spouse’s wishes, such as custody, child support, alimony, or property division.

After the complaint is filed, the other spouse, the “defendant”, must be served with a copy of the complaint and given 30 days to respond. If the defendant fails to respond, the court may issue a default judgment.

Step 3: Temporary Orders (If Needed)

If immediate decisions need to be made, such as who will stay in the marital home, who will have temporary custody of the children, or what spousal support will be paid, either party may ask the court for temporary orders. These orders will remain in place until the final divorce decree is issued.

In contested cases, temporary hearings are often necessary to ensure that your rights and the best interests of your children are protected from the start. Legal representation is essential to help you navigate this process and ensure that your voice is heard.

Step 4: Discovery and Negotiation

In a contested divorce, both parties go through the legal process of discovery, which involves exchanging financial records, communication, and other relevant evidence. This process may include the use of interrogatories, depositions, subpoenas, and requests for documents.

During or after discovery, spouses may try to negotiate a resolution through mediation or direct negotiations with lawyers. Many Mississippi courts require mediation before going to trial, especially in cases involving children. An experienced divorce lawyer can help you assess settlement offers, find hidden assets, and negotiate from a strong position.

Step 5: Trial (If Necessary)

If spouses are unable to reach an agreement, their case will proceed to trial before a judge in a Chancery Court. Unlike some other states, Mississippi does not use juries in divorce cases – the judge alone decides all issues, including property division, alimony, child custody, and child support.

Step 6: Final Judgment and Decree

Once all matters have been resolved, whether through agreement or trial, the court will issue a final judgment of divorce. This legally binding document will outline:

• The division of marital assets and liabilities
• Alimony, if awarded
• Child custody and visitation schedules
• Child support payments
• Any other orders from the court

Step 7: Post-Divorce Considerations

Divorce doesn’t always mean the end of legal issues. You may need to:

• Enforce or modify custody and support orders
• Refinance or transfer property ownership
• Update wills, insurance policies, and beneficiary designations

Our law firm continues to support our clients long after the divorce – helping with modifications, legal actions, and estate planning to ensure a smooth transition into your new chapter.

Why Legal Representation Matters in Mississippi Divorces

Mississippi’s divorce laws can be complex, with seemingly straightforward issues such as dividing assets or determining child support quickly becoming legally complicated. Judges have wide discretion when it comes to custody and alimony decisions, and mistakes in the legal process can delay your case or affect the outcome.

Here at Gregory D. Keenum PA, we not only know the law, but also how it’s applied in local courts throughout North Mississippi. No matter where you are – Booneville, Tupelo, or Corinth – our team will provide personalized strategies tailored to your specific goals and circumstances.

You Don’t Have to Go Through This Alone

Divorce can be a challenging time, but it doesn’t have to be overwhelming. With over 49 years of experience helping families navigate through difficult transitions, we are here to answer your questions and protect your rights. We fight for your future and want to help you take the first steps towards a new beginning with confidence and clarity.
If you’re considering divorce, contact Gregory D. Keenum, PA, for a consultation today. Let us guide you through this process and provide the legal support you need to make informed decisions.