Mississippi Marital Settlement (Divorce) Agreement Form [PDF]

The Mississippi marital settlement agreement form is a legal document designed to provide guidance and structure to a married couple seeking divorce without the court’s intervention.

Spouses can obtain a marital settlement agreement template and fill it out themselves. However, if there are circumstances that make divorce complicated, it’s best to seek legal assistance.

This document must address all matters related to life after divorce, such as child support, a parenting plan, and the distribution of marital property.

Divorce Forms

The divorce forms are usually filed at the chancery court in the county where either spouse resides. The filing fee varies based on the county and the specifics of the divorce, often ranging from $50 to $300. The waiting period for a divorce to be finalized is no less than 60 days.

Divorce Laws and Legal Requirements in Mississippi

Divorce laws and legal requirements in Mississippi provide details regarding the divorce process so that spouses can get a clear picture of what to expect.

Divorce Laws and Legal Requirements

Alimony: According to Section 93-5-23 of the Mississippi Code, the court may order one spouse to provide financial support to the other if needed. Its purpose is to assist the receiving spouse in maintaining a similar living standard as one during marriage.
Child support: The same section, Section 93-5-23, states that regardless of the parent’s marital status, children must receive sufficient financial support from both parents. Child support is calculated based on the income of both parents and the number of children.
Division of property: Marital property is also addressed in this section, stating that the court will distribute property based on what seems fair but is not necessarily equal. To do so, they have to consider unique circumstances, such as marriage length, both spouses’ contribution to the marriage, and their financial situation.
Grounds for divorce: Section 93-5-1 provides a list of acceptable reasons for divorce, such as adultery, abuse, impotence, incarceration, or habitual intoxication, among others. However, Section 93-5-2 states that a spouse can also get divorced on the basis of irreconcilable differences.
Interim support: In accordance with Section 93-5-23 of the Mississippi Code, a spouse who files a petition may receive temporary spousal support, which the other party will pay while the case is in progress.
Residency: Section 93-5-5 of the Mississippi Code states that at least one of the spouses must be a resident of the state for 6 months or more before initiating the divorce process.

How to File for a Divorce in Mississippi in 6 Steps

In the following sections, we will break down the whole process of how to file for divorce in Mississippi into 6 easy steps.

#1. Fill out the Divorce Documents

The first thing spouses should do is decide which type of divorce they are going to pursue. If they cannot reach an agreement on all matters related to divorce, then they will enter a contested divorce process, where the judge will make decisions on these matters instead.

On the other hand, if they can come to an agreement on all matters, then they can start an uncontested divorce process, which is shorter and less stressful. For an uncontested divorce, they will need to fill out a “Joint Complaint for Divorce” and a “Divorce Settlement Agreement.”

To complete these documents, spouses should sign them in front of a notary public.

#2. Fill out Additional Forms

The next step is to fill out the additional forms required by the court alongside the divorce complaint and divorce settlement agreement.

They should complete the “Civil Coversheet,” which is used to provide brief case information for administrative purposes, and the “Financial Disclosure Statement.” Additionally, spouses should obtain and fill out their sections of the “Judgment of Divorce.”

Couples with children must complete an “Affidavit Under Uniform Child Custody Jurisdiction and Enforcement Act,” which provides information about child custody and parental arrangements. The non-custodial parent must complete a “Child Support Computation Worksheet” if child support is requested.

#3. File the Forms

The couple has to file all forms with the chancery court in the county where they live or where they got married. Spouses will need to pay a filing fee, which ranges from $50 to $300, depending on the county and divorce circumstances.

In cases where spouses cannot afford to pay the filing fee, they need to file the "Motion to Proceed in Forma Pauperis" and a "Pauper's Affidavit" to request the fee waiver.

The judge will decide if the reasons provided are sufficient for a divorce to be granted. If not, spouses will need to find another way to pay the filing fee, or the case will be dismissed.

#4. Schedule a Hearing

The next thing to do is for spouses to file a “Request for Hearing” with the court clerk in order to set a final hearing date as soon as possible. Before the hearing date is scheduled, a minimum of 60 days must pass since the divorce complaint was filed.

Spouses will receive the “Notice of Hearing” by mail, informing them of the time and date of the final hearing.

They should prepare all needed documents and statements needed for the hearing and ask for advice from a divorce lawyer, if possible, to ensure that everything is covered.

#5. Attend the Final Hearing

Both spouses must attend the final hearing, where they will make their statements and provide evidence to support them if necessary.

The judge will review the documents, especially the divorce settlement agreement, to make sure all terms are fair and ask questions in order to understand all divorce circumstances. If everything is in order, the judge will sign the “Judgment of Divorce” and finalize the procedure.

Former spouses will now be able to obtain certified copies of the divorce judgment from the court clerk’s office.

#6. Change Your Name

A spouse who wants to change their name should make a request for a name change in either a divorce complaint form or a divorce settlement agreement. Once the judge grants the divorce, the name change will typically be included in the judgement of divorce.

To legally change their name, the spouse needs to obtain a certified copy of the divorce judgment from the court clerk and use it as evidence when updating personal information. This includes updating identification documents such as a passport, driver’s license, or ID card.

Additionally, it is important to update public records and inform family and friends of the change in marital status and name.