Mississippi Divorce Records

Divorce courts in Mississippi allow for both contested and uncontested divorce options. This means that if both spouses agree on divorce terms, including child custody, property division, and spousal support, they can opt to have an uncontested divorce, which is quicker and less complex. However, if the couple cannot agree on the details of their divorce, they will have to opt for a contested divorce, which brings in the court to decide for them. To initiate a divorce, at least one spouse must reside in Mississippi for six months. The divorce process begins by filing the necessary paperwork in the Chancery Court of the county where either spouse lives.

Mississippi recognizes both no-fault (inreconcilable differences) and fault-based (adultery, impotence, habitual intoxication, etc) grounds for divorce. Divorce records in Mississippi are generally considered private. While they are maintained by the county Chancery Clerk, access may be restricted. At 3.0 per 1000 people, the state has a higher divorce rate compared to the national average of 2.4 per 1,000 people.

What are Divorce Records?

Mississippi divorce records document the legal dissolution of marriages within the state. These records, including divorce decrees and related court documents, are created and maintained by the Mississippi court system.

The state tracks marriage trends and data using divorce records. For both personal and legal reasons, including property split, child custody, and spousal support issues, people rely on these data.

Mississippi's Chancery Courts generate and house divorce records. To access these records, individuals must visit the specific county where the divorce occurred. The information in these divorce records includes:

The full names of the parties involved in the divorce, unless Mississippi law restricts it.
The court-assigned number for tracking and reference
Grounds for the divorce
The date on which the marriage occurred
Details about the settlement, such as alimony, property division, child custody, financial agreement, prescribed visitation restrictions, and child support arrangements
The court in which the case was filed
The date when the divorce was finalized
The address of the parties involved in the divorce
Information on the divorce process, such as court appearances, summonses, and witness profiles
Both parties’ evidence and sworn declarations
Pertinent records provided by expert witnesses, such as those from the medical and child protection services

Are Divorce Records Public in Mississippi?

Mississippi operates under an open records policy for divorce records. While the public can generally access court records, specific details may be restricted. To obtain a divorce record, individuals must request it from the County Court where the divorce occurred. Public records typically include court actions, motions, verdicts, and sometimes financial settlements and child custody arrangements.

While public records are freely available, confidential information requires legal authorization. Access to certain divorce records, like financial and banking information and personal information of minors, is limited to individuals related to the specific case. Specifically, Mississippi restricts public access to the following:

The financial details of either party, such as their credit card numbers or social security numbers
The divorcing couple's financial and banking details, such as inventory, bank statements, and/or account numbers
Any information that has been sealed, restricted, or erased as a result of a court decree or the couple's wish
Any records or reports that organizations like child protective services, mental health professionals, and certain expert witnesses submit
Information that is personal or identifying to adolescents, children, young adults, and assault victims
All documents pertaining to divorce cases where the lawsuit or charges were dropped

Mississippi provides online access to some court records through its Mississippi Electronic Courts (MEC) system. With the use of this system, interested parties can obtain divorce records from the Supreme Court, Court of Appeals, and municipal courts in different judicial districts of the state.

Divorce Stats and Rates in Mississippi

Mississippi has witnessed an upshoot in its divorce rate in recent years. The state experienced a high of 3.0 divorces per 1,000 residents in 2022, ranking among the highest in the nation. Between 2017 and 2022, rates fluctuated, with 2019 marking the lowest point at 2.6 divorces per 1,000 residents. However, 2020 and 2021 saw a spike to 3.3 divorces per 1,000 residents.

The state has seen significantly declined divorce rates over the past decade. In the last ten years, Mississippi's divorce rate fell by twenty percent, and it currently stands at twelve percent. The divorce rate has decreased by 17 percent since 2011.

Grounds for Divorce in Mississippi

Mississippi outlines divorce laws in Section 93-5-1 of its state code. The six-month residency requirement is one of the similarities Mississippi divorce laws shares with many other US states. Divorce proceedings based on fault or no fault may be pursued in Mississippi. When a couple decides to dissolve their marriage, they are free to do so without giving any explanation or apportioning blame. Alternatively, spouses can cite specific grounds for divorce, such as:

Desertion
Natural impotence
Insanity or idiocy
Bigamy or incest
Habitual inhuman treatment
Excessive drug use
Infidelity resulting in pregnancy
Adultery
Habitual drunkenness

Understandably, only the innocent party (typically also the filing party) is allowed to use certain grounds for divorce, such as bigamy and infidelity leading to pregnancy.

How to File for Divorce in Mississippi

In Mississippi, one spouse must establish residency for a minimum of six months to be able to file for divorce. The party making the file must designate themselves as the plaintiff and their spouse as the defendant. It is also important to make clear if there are any children involved and whether the divorce is disputed or not. For fault-based divorces, the plaintiff must submit the necessary paperwork, including an Affidavit of Non-Collusion, to the Clerk of Chancery Court. This paperwork requires detailed financial information and personal details from both spouses.

Mississippi imposes different filing fees based on the divorce type. Contested divorces incur a $158 fee, while uncontested divorces cost $148. After filing, the plaintiff must serve the defendant with the divorce complaint and other legal documents.

The court schedules a hearing following the completion of filing and service. Uncontested divorces mandate a 60-day waiting period before the hearing, while fault-based divorces require the plaintiff to notify the defendant at least 30 days before the hearing date.

Mississippi Divorce Decree

Mississippi's Chancery Court issues a divorce decree to finalize divorce proceedings. This official document outlines the terms of the divorce settlement, including property division, child custody arrangements, and spousal support. The presiding judge reviews the case and issues the decree. Both parties must abide by the decision, which is the ultimate ruling in the divorce case.

County Chancery Offices maintain divorce records. These records are generally public, but access methods vary by county. Some counties may offer online access, while others require in-person visits.

How to Find and Access Mississippi Divorce Records

Anyone interested can seek access to divorce records. The conditions for gaining access to these documents typically change based on the case and the custodian. Nonetheless, the majority of documents are accessible through state-run websites, in-person requests at the courtroom where the case was heard, and mail-in inquiries to the relevant record custodian.

Offline Access

For records unavailable online or requiring official certification, individuals must request them in person from the county courthouse where the case was heard. The specific procedures and fees may vary by county.

To initiate an in-person request, individuals should identify the correct county courthouse and gather necessary information such as the names of the parties involved, case number, and filing date. The Court Clerk will guide the requester through the process, including providing any required forms and collecting applicable fees. Note that you can also make mail-in requests. If either or both of the parties have requested that the record be kept confidential, the requestor must get written consent from them in order to access the data.

It is also possible to seek and receive Mississippi divorce records through US mail. Interested parties must prepare a written request to be sent to the relevant Court Clerk in order to get a record via mail. Before putting up a request, it is recommended that requestors speak with the record custodian about the court's criteria for divorce records.

Online Access

Mississippi offers some degree of online accessibility to court records through its Mississippi Electronic Courts (MEC) system. This platform allows users to search for records from various courts, including family court cases. To utilize MEC, users must register and pay an annual fee. Once registered, individuals can conduct name-based or case-number searches.

While MEC provides a convenient starting point, its database may not be exhaustive. Some courts maintain independent online repositories, and third-party websites may also offer access to public records. However, these sources are not officially affiliated with the state and may have limitations in terms of accuracy and comprehensiveness.

References

Counties in Mississippi

List of Content

What are Divorce Records?
Are Divorce Records Public in Mississippi?
Divorce Stats and Rates in Mississippi
Grounds for Divorce in Mississippi
How to File for Divorce in Mississippi
1. Mississippi Divorce Decree
How to Find and Access Mississippi Divorce Records
1. Offline Access
2. Online Access