How to File for a No-Fault Divorce in Mississippi

The issues of the pandemic combined with the general high-stress lifestyles that many modern couples are two main reasons that no-fault divorces could be on the rise. The actual split is no one spouse’s fault, but the divorce will go through many of the same requirements as an at-fault divorce.

Mississippi Divorce Residency Requirements

One spouse must have resided in the state for at least six months prior to the official date of the filing. A no-fault divorce can start in the county where either spouse resides, but if one spouse is the plaintiff in a fault case, the proceeding must start where he/she resides if the defendant lives out of state or can’t be located. The spouses do not need to be legally separated first.

How Much Does a Divorce Cost in Mississippi?

The two basic costs are court and legal fees. Typically, the filing fee is around $150, with an extra $65 for publishing the divorce complaint if one of the spouses cannot be found. Beyond that, there are attorneys’ fees, which vary based on the level of support and representation your particular case requires.

Child-Related Issues Negotiated in a Mississippi No-Fault Divorce

Custody and visitation are two of the main issues that are part of divorce negotiations, and Mississippi has standard visitation rules in place to ensure that if both parents are capable, each gets something close to an equal amount of time with their child.

In some cases, if child custody remains an ongoing issue, the matter will head to family court. In order to establish a custodial situation in the best interest of the child or children, Mississippi family court will consider several factors, including the child’s pre-hearing health, emotional ties, and who played the role of primary caregiver up to that point. If the child is 12 or older, he/she may give the court a preference for custody if both parents are deemed fit.


Divorce proceedings – no-fault or fault-based is often difficult and shouldn’t be dealt with on your own. Contention and disputes can arise out of nowhere and can be damaging if you’re not prepared and represented well. If you’re potentially considering divorce in Jackson or Brandon, it’s time to speak with a knowledgeable divorce and family law firm. Call The Law Offices of Rusty Williard today at (601) 824-9797 to learn more about our expertise and schedule a free consultation.