Uncontested vs. Contested Divorce in Mississippi: Simplified Procedures and Mandatory Steps
In Mississippi an uncontested divorce uses irreconcilable differences, which needs both spouses’ consent, a written agreement and a complaint on file for 60 days. A contested case uses a fault ground, and the chancellor decides the disputed issues.
What is the same in an uncontested and a contested Mississippi divorce?
The six-month residence rule (Miss. Code 93-5-5). The Mississippi divorce timeline calculator gives the same earliest filing date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Ground | Irreconcilable differences, with both spouses consenting | A fault ground, or irreconcilable differences if consent is withdrawn |
| Waiting period | Complaint on file 60 days before the hearing | No statutory wait for fault grounds |
| Written agreement | Covers custody, support, property and alimony; the court may incorporate it if adequate | Not required |
| Hearing | Short, on the agreement | The chancellor decides the contested issues |
| Property | Agreed | Equitable division under the Ferguson factors |
How does consent work for irreconcilable differences in Mississippi?
Both spouses must consent: they join in the complaint, or the defendant files a written consent. If the other spouse contests or denies the grounds, no divorce is granted on irreconcilable differences unless the contest or denial is withdrawn (summary of 93-5-2).
How long must the complaint be on file in Mississippi?
A complaint on the ground of irreconcilable differences must have been on file for sixty days before being heard; the clock runs from the filing date, not from separation (section 93-5-2(4)).
What agreement do the spouses file in Mississippi?
The parties submit a written agreement covering custody, child support, property division and alimony, and if the court finds it adequate and sufficient, it may be incorporated into the divorce judgment (Recording Law).
What if one spouse will not sign the agreement in Mississippi?
Then the irreconcilable differences route stalls, because consent is required; the spouse who wants the divorce can proceed on a fault ground and the chancellor decides the disputed issues.
Can the agreement be incorporated into the judgment in Mississippi?
Yes. If the court finds the written agreement adequate and sufficient it may be incorporated into the divorce judgment (Recording Law).
Do both spouses need lawyers in Mississippi?
The sources we read do not require it, but the agreement covers custody, support, property and alimony, so ask a licensed Mississippi attorney to review it before you sign.
Does a contested case have to go to trial in Mississippi?
No. Many contested cases settle, and a settlement can convert a fault or contested case into an agreed one; the 60-day rule matters only if you proceed on irreconcilable differences, which needs both spouses’ consent.
Where do I file the agreement in Mississippi?
With the complaint or consent in the chancery court of the county your lawyer or the chancery clerk identifies; the clerk can tell you the filing steps, and the 60 days run from the date the complaint is filed.
What changes in a contested Mississippi divorce?
The chancellor decides what the spouses cannot settle: property under the Ferguson factors, alimony and custody on the child’s best interest. See the Mississippi property division calculator and the Mississippi parenting time calculator.
Is there a statutory waiting period for fault grounds in Mississippi?
None that we found: the 60 days apply to the irreconcilable differences ground. The fault grounds in section 93-5-1 require proof of the ground, which takes the time the case takes.
Frequently asked questions
Does an uncontested Mississippi divorce skip the 60-day wait?
No. A complaint on irreconcilable differences must be on file 60 days before it is heard.
Do both spouses have to agree to a Mississippi no-fault divorce?
Yes. Both must consent, by joining in the complaint or by written consent.
What if my Mississippi spouse withdraws consent?
A contest or denial blocks an irreconcilable differences divorce unless it is withdrawn.
Does a Mississippi agreement have to cover children?
The written agreement covers custody and support, along with property and alimony.
Can a Mississippi divorce proceed on fault instead?
Yes. The twelve fault grounds in section 93-5-1 are the alternative.
Official sources
- Miss. Code 93-5-5: residence requirements for divorce
- Plain Divorce: quotes section 93-5-2(4) on the 60-day wait
- Recording Law: Mississippi divorce laws
- Miss. Code 93-5-24: custody orders
- Mississippi Court of Appeals opinion applying Ferguson
- Scott v. Le: Court of Appeals opinion on joint custody and relocation
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Mississippi statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Mississippi attorney.