how to file an irreconcilable differences divorce case in mississippi

HOW TO FILE AN IRRECONCILABLE DIFFERENCES DIVORCE CASE IN MISSISSIPPI

PLEASE READ THESE CAREFULLY. IF YOU DO NOT FOLLOW THESE INSTRUCTIONS, YOUR

DIVORCE CASE MAY NOT BE HEARD IN COURT

You should leave the legal clinic with the following documents:

 A Civil Coversheet

 A Joint Complaint for Divorce

 A Property Settlement Agreement

 A Judgment of Divorce based on irreconcilable differences divorce

 You may also have an Affidavit Under Uniform Child Custody Jurisdiction And

Enforcement Act (UCCJEA) Section 93-27-101 Miss. Code Ann. (1972) if you have

minor children

If you have all of the above documents, here are the steps you will need to take to get your divorce

finalized:

1. You and your spouse must both sign the Joint Complaint for Divorce and the Property Settlement

Agreement before a notary public. If your spouse refuses to sign either document, your

irreconcilable differences divorce will not be granted.

2. You will need to take the signed and notarized Joint Complaint for Divorce, Property Settlement

Agreement and UCCJEA and a check, cash or money order for the filing fee to the Chancery

Court in the filing fee where you are filing for divorce. The amount of the filing fee will depend

the county where you are filing, so call the Chancery Clerk’s office in advance to find out the

correct amount. If should be less than $100.00.

3. Give all of the above documents—except the Judgment of Divorce—to the Chancery Clerk and

ask him/her to file your divorce. Also, ask for copies of the Joint Complaint for Divorce and

Property Settlement Agreement so you will have a case number and verification of the date of

the filing.

4. Ask the Chancery Clerk for a date for your divorce hearing. Remember, you will have to wait

60 days before you can set your divorce for hearing. The 60 days will not start on the day you

file. You cannot get a divorce on a weekend, legal holiday or any other day the courthouse is

closed.

5. Before you leave the Chancery Clerk’s office, be sure to write down the date of your divorce

hearing and the telephone number to the clerk’s office. Mark the date on your calendar as soon

as possible. Remember, until the judge signs your Judgment of Divorce, you remain

married.

6. A few days before your divorce hearing, contact the clerk’s office to make sure your spouse did

not withdraw permission for the divorce. Either of you can withdraw permission during the 60-

day waiting period by filing notice with the Chancery Court. Should that occur, you will not be

able to get divorced

7. Once the judge has signed your Judgment of Divorce, the Chancery Clerk will file the original

Judgment, but you should ask him/her to make you at least two copies. There may be a small

charge for making the copies.

8. Mail or hand deliver a copy of the signed Judgment of Divorce to your now ex-spouse.