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Mississippi divorce form
Download the Mississippi no-fault joint complaint for divorce packet for an uncontested divorce with minor children. Instant secure access with the packet documents listed below.
A filing packet built around the Joint Complaint for Divorce used to open an uncontested no-fault case in Mississippi.
Everything needed to open an uncontested no-fault divorce in Mississippi: the joint complaint for divorce plus the supporting filing documents listed below.
Download the files and complete them on your own device. Your personal details are never entered into an online form builder.
The packet materials walk through filing, service or waiver, and the support documents a children case requires.
This packet includes 4 documents in editable Word and print-ready PDF formats. Use the Word version for editing and the PDF for print-ready reference.
Court forms
This form plus the matching joint complaint for divorce, marital settlement agreement, and final judgment of divorce — every Mississippi document in one package.
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About this form
This is a no-fault divorce form for use within the State of Mississippi (BILL OF COMPLAINT OF DIVORCE). Most courts will require that this form be completed and filed along with a Marital Settlement Agreement (Minor Children). Please note that in Paragraph 5 (Grounds for Divorce), the Complainant will need to specify grounds for divorce that are recognized as valid within the State of Mississippi. Mississippi law recognizes only the following grounds as sufficient for granting a no-fault divorce: Irreconcilable differences.
Mississippi requires at least six months of state residency before filing, and an irreconcilable-differences complaint must be on file for 60 days before the court can hear it (Miss. Code Ann. §§ 93-5-5, 93-5-2(4)). The FAQ below covers the details.
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BILL OF COMPLAINT OF DIVORCE
CHANCERY COURT OF __________________ COUNTY, STATE OF MISSISSIPPI
| In re: the Marriage of _______________________________ Complainant and _______________________________ Defendant |
) ) ) ) ) ) ) ) ) |
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The Complainant, _______________________________, respectfully declares the following:
1. Complainant's Residence: Complainant resides at ____________________________________________________________________ [insert Complainant's address] and has been a resident of the State of Mississippi for _________ [insert period of residence in months and years].
2. Defendant's Residence: Defendant resides at ____________________________________________________________________ [insert Defendant's address] and has been a resident of the State of Mississippi for _________ [insert period of residence in months and years].
3. Marriage: On ______________________, _____, in __________________ (city), __________________ (county), __________________ (state), the Complainant and Defendant married. An official copy of the marriage license is attached to this BILL OF COMPLAINT OF DIVORCE.
4. Children: Complainant and Defendant have the following children born or adopted into their marriage:
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
Name: ____________________________________ Date of Birth: __________________
5. Jurisdiction: This Court is that of proper jurisdiction to hear this cause. The Defendant has agreed to file an Affidavit of Consent in this cause. Neither the Complainant or Defendant has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.
6. Grounds for No-Fault: Complainant wishes a dissolution of marriage with Defendant based on the following grounds:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of Mississippi. Sufficient basis for a no-fault divorce within Mississippi is limited to the following: Irreconcilable differences.
7. Marital Settlement Agreement: Complainant and Defendant ___________ have (copy attached) ___________ have not entered into a Marital Settlement Agreement that formalizes an allocation of their property and finances and matters relating to child custody and visitation.
8. Other Declarations:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
NOW, THEREFORE, Complainant requests that the court order a DECREE OF DIVORCE and such further relief as Complainant may have requested herein.
Verification
I, ______________________________________________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing BILL OF COMPLAINT OF DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.
| _____________________________________________ | _________________ |
| Petitioner's Signature | Date |
|
_____________________________________________ Petitioner's Address, Line 1 _____________________________________________ |
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| Petitioner's Address, Line 2 |
Subscribed and sworn to before me on this ____ day of __________________, 20_____.
__________________________________
Notary
AFFIDAVIT OF CONSENT
CHANCERY COURT OF __________________ COUNTY, STATE OF MISSISSIPPI
| In re: the Marriage of _______________________________ Complainant and _______________________________ Defendant |
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1. A BILL OF COMPLAINT OF DIVORCE was filed between Complainant and Defendant on the _________ day of __________________, 20____.
2. The marriage between Complainant and Defendant is irretrievably broken and efforts at reconciliation have failed.
3. I, _______________________________, have received a copy of the BILL OF COMPLAINT OF DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the BILL OF COMPLAINT OF DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Complainant and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the BILL OF COMPLAINT OF DIVORCE.
4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.
5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.
| _____________________________________________ | _________________ |
| Signature | Date |
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_____________________________________________ Address, Line 1 _____________________________________________ |
|
| Address, Line 2 |
STATE OF MISSISSIPPI
COUNTY OF ________________
Subscribed and sworn to before me on this ____ day of __________________, 20_____.
__________________________________
Notary
ILRG is committed to top quality legal forms that are valid in all states. If you are not 100 percent satisfied after purchase, contact us for a full refund.
The 4 packet documents listed on this page are included, delivered in Word and print-ready PDF formats. The packet centers on the Joint Complaint for Divorce that opens an uncontested no-fault case, plus the supporting filing documents and reference materials shown above.
Mississippi requires that at least one spouse has been an actual, bona fide resident of the state for six months before filing (Miss. Code Ann. § 93-5-5). Divorce cases go to the chancery court; when both spouses are Mississippi residents, you file in the county where either spouse lives (§ 93-5-11).
Mississippi's no-fault ground is irreconcilable differences, and it is consent-based: both spouses must agree to the divorce (Miss. Code Ann. § 93-5-2). The joint complaint in this packet is signed by both spouses. Couples with a written settlement agreement attach it, and the chancellor must find its provisions adequate (§ 93-5-2(2)). Where this packet also includes a without-settlement-agreement complaint variant, that variant is only for couples with nothing left to divide — no marital property or debts in either spouse's name and no alimony or support claims — and the sworn joint complaint itself records that everything is resolved. Couples who want the chancellor to decide contested issues may file a signed written consent under § 93-5-2(3); that path uses different documents not included in this packet. If your spouse contests or denies the ground, an irreconcilable-differences divorce cannot proceed while that contest stands (§ 93-5-2(5)).
An irreconcilable-differences complaint must be on file for 60 days before the court can hear it (Miss. Code Ann. § 93-5-2(4)). After that, when both spouses have a signed written agreement on all terms, the statute allows the chancellor to enter the final judgment on the papers without live testimony — though some counties still ask at least one spouse to appear briefly. Court schedules vary by county.
No. Mississippi's irreconcilable-differences divorce requires both spouses to participate — the joint complaint in this packet is signed by both. If your spouse will not cooperate or contests the divorce, consult a Mississippi attorney about fault-based grounds (Miss. Code Ann. § 93-5-1).
No. ILRG provides self-help legal forms and information, not legal advice. Consult a Mississippi attorney if you have significant property, retirement accounts, business interests, safety concerns, or any disagreement about terms.