If you are considering divorce in Mississippi, you may wonder how long the process will take. Understanding the legal waiting period is crucial for planning your next steps. Mississippi law requires a mandatory waiting period before a divorce can be finalized. The length of this period depends on the type of divorce you seek. We at Gregory D. Keenum, PA have been helping Mississippi families with divorce proceedings for over 49 years and we are here to assist you in understanding the process.
Mississippi Divorce: Two Main Pathways
Mississippi recognizes two types of divorce: fault-based and no-fault. The type of divorce you file for determines your waiting period and overall timeline. Both types are governed by Mississippi Code Annotated § 93-5.
No-Fault Divorce: The 60-Day Waiting Period
The most common pathway for uncontested divorces in Mississippi is through the no-fault process, based on irreconcilable differences. According to Mississippi Code § 93-5-2, after both parties have filed a joint petition or the defendant has waived service, there is a mandatory 60-day cooling-off period before the court can hear the case and grant a divorce. This time period is built into the law in order to give couples an opportunity to reconsider and attempt to reconcile.
The 60-day clock starts from the date the complaint is filed. During this time, spouses can negotiate an agreement on property division, custody of children, child support and spousal support. The court will not finalize a divorce until this period has passed and both parties reach a written agreement on all matters related to the marriage.
Key requirements for a no-fault divorce in Mississippi include:
- Both spouses must agree that the marriage has irretrievably broken down.
- A written settlement agreement must be submitted resolving all marital issues.
- At least one spouse must have been a resident of Mississippi for six months before filing.
- The 60-day waiting period must elapse fully before the court can grant the divorce.
Fault-Based Divorce: No Mandatory Waiting Period, But Longer in Practice
If you file for a no-fault divorce in Mississippi, the state’s laws do not require a specific waiting period under Mississippi Code § 93-5-1. However, no-fault divorces are often contested, which can lead to delays due to court schedules, discovery, hearings, and legal proceedings. Recognized reasons for divorce in Mississippi include adultery, habitual cruel or inhumane treatment, abandonment, and other grounds listed in the law.
While there is no set waiting period for cases to be resolved, it can take anywhere from a few months to more than a year for contested cases to be settled, depending on the complexity of the dispute and the court’s availability.
What Happens During the Waiting Period?
The 60-day waiting period is not a waste of time. This time can be used to:
- Negotiate and finalize a comprehensive marital settlement agreement.
- Work with your attorney to create a plan for child custody and parenting.
- Identify, evaluate, and divide marital assets and liabilities.
- Arrange for temporary orders regarding support or living arrangements, if necessary.
Having an experienced attorney during this process can make a significant difference in protecting your rights and ensuring that the final decision reflects your best interests.
Can the Waiting Period Be Shortened?
Generally, no. The Mississippi Legislature has established a 60-day waiting period as the statutory minimum, and Mississippi courts do not have discretion to waive this in no-fault cases. If both parties reach an agreement before 60 days have passed, the case simply waits until the period expires.
How Gregory D. Keenum, PA Can Help
Whether you are going through an amicable, uncontested divorce or a more complex, contested one, our attorneys are here to protect your interests, minimize conflict, and help you move forward with confidence.
We serve clients throughout the local Mississippi communities and are available to answer any questions you may have. Contact Gregory D. Keenum, PA, today to schedule a consultation and learn more about your options for divorce under Mississippi law.