Mississippi Divorce Records

According to recent data from the CDC's National Center for Health Statistics, Mississippi has a divorce rate of approximately 2.9 divorces per 1,000 residents, which is higher than the national average of 2.4 per 1,000.

Mississippi allows for divorces on both fault and no-fault grounds. For fault-based divorces, one spouse must prove that the other person's misconduct, such as adultery, cruelty, desertion, or habitual drunkenness, led to the breakdown of the marriage. On the other hand, no-fault divorces are based on "irreconcilable differences", meaning that the marriage is broken beyond repair and neither spouse is legally blaming the other. However, both spouses must agree to the divorce, or one spouse must either be formally notified or sign a written waiver acknowledging the divorce without needing to be served.

Divorces in Mississippi are estimated to cost an average of $8,400 per person. However, actual expenses may vary significantly depending on the complexity of the case and factors such as attorney fees, court costs, the presence of minor children, and disputes over property division and support.

Are Divorce Records Public in Mississippi?

Divorce records in Mississippi are generally considered public records. This means that these records are typically accessible to interested members of the public in line with the provisions of the Mississippi Public Records Act of 1983 and the state judiciary's Statement of Policy Regarding Openness and Availability of Public Records.

However, it should be noted that Mississippi law provides for the confidentiality of certain divorce records or information contained within these divorce records, such as social security numbers, financial account numbers, and medical information. Likewise, access to sealed divorce records and certain sensitive information about minors and abuse victims is also typically restricted to specific parties, such as the persons named on the record and their legal representatives.

What Is Included in Mississippi Divorce Records?

Mississippi divorce records are official documents that provide pertinent information about divorce proceedings in the state. These records are generally grouped into two main categories, namely:

• Divorce Decrees: This is the court order that finalizes the divorce proceedings. Divorce decrees serve as legal proof of the divorce, and they contain details on the divorcing couple, the date, and the location of the divorce. These documents also outline the terms of the divorce, including decisions on issues such as property division, child custody, child support, spousal support (alimony), and other legally binding arrangements. Mississippi divorce decrees are generated and maintained by the Chancery Courts in the counties where divorce proceedings take place.
• Divorce Court Records/Case Files: This is a comprehensive collection of all documents filed and generated throughout a divorce proceeding, such as the initial divorce complaint and response, counterclaims, financial affidavits, agreements between the parties, transcripts of hearings, court orders, and the final divorce decree. These records are also maintained by the Chancery Court that handled the divorce. It should be noted that certain documents within the case file may be restricted from public access.

In addition to these, the Mississippi State Department of Health also provides access to county divorce indexes. These records list basic details about divorces, such as the names of the spouses, the date of the divorce, the county where the divorce was finalized, and the divorce book/page number with the relevant Chancery Clerk's office. However, it should be noted that these divorce indices cannot be used for official purposes; instead, they help to locate official divorce records.

How Do I Find Mississippi Divorce Records?

Mississippi divorce records can typically be accessed through the Chancery Court in the county where the divorce was finalized. Certified copies of these records are often required for various official purposes, including:

• Providing legal proof of divorce for remarriage or immigration
• Updating identification documents
• Facilitating name changes and updating personal records
• Modifying or enforcing orders related to child support, custody, and alimony
• Accessing government or insurance benefits and claims
• Settling trusts, wills, and other similar estate planning matters

Look Up Mississippi Divorce Certificate

Mississippi does not maintain divorce records at the state level; as such, the state does not issue divorce certificates. However, the Mississippi State Department of Health (MSDH) may perform a five-year search of county divorce indexes for divorces that occurred from January 1, 1926, to June 30, 1938, and from January 1, 1942, to date on behalf of interested parties for a $17 fee. These index searches help obtain information necessary to obtain official copies of divorce records from Chancery Courts, such as the location where the divorce was granted, as well as the book and the page number in the Chancery Clerk's office where it was recorded.

Contact the MSDH's Vital Records office at (601) 206‑8200 or via email for more information on conducting a divorce index search.

Look Up Mississippi Divorce Decree

You may obtain copies of a Mississippi divorce decree through the Chancery Court in the county where the divorce was finalized. You will generally need to identify the specific county where the divorce proceedings were held and submit an official records request to the Chancery Court Clerk for that county. Requests may be submitted in person, via mail, or online portals (where available), and you will typically need to provide the clerk with details like the names of the divorced spouses, and approximate divorce date, and the case/page number. You will also usually be required to pay a search and/or copy fee, which varies by county (note that certified copies typically cost more than uncertified copies). It is advisable to contact the relevant Chancery Court Clerk beforehand to get specific information on their record request procedures and fees.

Look Up Mississippi Divorce Court Records

You may access and obtain copies of publicly available records contained in a Mississippi divorce case file by contacting the Chancery Court Clerk in the county where the divorce proceedings occurred. You will typically be required to provide a description of the required record(s) and details that will enable the clerk's office to locate them, such as the names of the parties involved and a case number; search and copy fees may also apply.

Some Mississippi divorce court records may also be accessed online via the Mississippi Electronic Courts (MEC) system (maintained by the state's judiciary). However, be aware that official, certified copies of court records cannot be obtained via this system; you will typically need to contact the appropriate Chancery Court Clerk directly for these.

Can You Seal Divorce Records in Mississippi?

Divorce records in Mississippi may be sealed at the discretion of the court when there is a compelling reason to do so, such as to protect minor children and/or abuse victims or prevent sensitive financial details and proprietary information from being exposed.

To get your divorce records sealed, you must file a motion with the Chancery Court that granted the divorce. The motion should clearly explain the reasons for the request and provide supporting documentation. Once this has been done, the court will review the motion, weighing the reasons for the request and need for privacy against the public's right to access court records - in some cases, the court may hold a hearing to consider arguments for or against the motion. If the court finds sufficient cause to grant the motion, it will issue an order specifying which specific records or information are to be sealed and the conditions under which they may be accessed.

How Long Does a Divorce Take in Mississippi?

The timeline for a divorce in Mississippi is largely determined by the grounds on which the divorce was filed and whether the divorce is contested or uncontested. Per state requirements, there is a mandatory 60-day waiting period for divorces filed on the grounds of "irreconcilable differences" (no-fault divorces). On the other hand, there is no specified waiting period for divorces filed on other grounds (fault-based divorces); however, the respondent (the other spouse) must receive notification of the divorce at least 30 days before the divorce hearing.

To this end, uncontested divorces (where both spouses agree on all issues) are usually finalized within a few months after the divorce papers are filed, while contested divorces often take several months to a year or more, depending on the complexity of the issues being disputed by the spouses. Note that in cases where one spouse is pregnant, courts typically postpone the divorce hearing until the child is born to address custody issues.

Does Mississippi Require Separation Before Divorce?

No, Mississippi does not require a mandatory separation period before a couple may file for divorce.

How Are Assets Split in a Mississippi Divorce?

Mississippi follows the principle of equitable distribution when dividing marital property between divorcing couples. Marital property is generally defined as assets acquired or accumulated during the marriage through the joint efforts or resources of the parties, regardless of whose name is on the title. Property acquired by either spouse before the marriage, and gifts and inheritances received during the marriage, are considered separate property and are generally not subject to division during a divorce (exceptions may be made if the separate property has commingled with the marital property).

Under equitable distribution, the court aims for a fair, but not necessarily equal, division of marital property. To this end, the court considers various factors when determining what is equitable, including:

• Each spouse's contribution towards accumulating the property
• Each spouse's income
• The nature and value of the property
• Tax and economic consequences of the property division

Who Gets Custody of a Child in Divorce in Mississippi?

Child custody in Mississippi is divided into two main types:

• Legal Custody: This refers to a parent's right to make major decisions about the child's education, healthcare, and general welfare. Legal custody may be joint, where both parents share decision-making responsibilities, or sole, where one parent has full authority over major decisions.
• Physical Custody: This determines where the child primarily lives. Courts may award joint physical custody, where the child spends significant time with both parents, primary physical custody, where the child lives mostly with one parent, while the other has visitation rights, or sole physical custody, where the child resides exclusively with one parent.

Historically, Mississippi courts tended to favor mothers in child custody cases - this bias was largely influenced by the Tender Years Doctrine, a legal principle that presumed mothers were better suited to care for young children. However, state law (as outlined in Title 93, Chapter 5 of the Mississippi Code) currently stipulates that custody decisions must be based on parental equality, meaning neither parent has an automatic advantage. To this end, Mississippi courts now follow the "best interest of the child" standard when making child custody decisions, with a preference for joint custody unless there is a reason why one parent should not have custody. Some factors that Mississippi courts consider when determining the child's best interest include:

• Each parent's ability to provide a stable home
• The child's relationship with each parent
• Any history of abuse, neglect, or substance issues

It should be noted that, despite the progress in Mississippi's child custody laws, divorced fathers may still struggle to obtain equal parenting time with their children. Surveys show that, on average, Mississippi fathers receive 23% of parenting time following a divorce (roughly 84 days per year), which is significantly below the national average of 35%.