Mississippi Uncontested Divorce Joint Bill of Complaint + Decree Filing Packet

MISSISSIPPI UNCONTESTED DIVORCE — JOINT BILL OF COMPLAINT + DECREE FILING PACKET

CRITICAL MISSISSIPPI NOTICE

Mississippi's "no-fault" ground — irreconcilable differences under Miss. Code Ann. § 93-5-2 — requires BOTH SPOUSES' WRITTEN CONSENT. If either spouse contests or denies irreconcilable differences, the case CANNOT proceed on this ground unless the denial is withdrawn. Otherwise, divorce must be sought on one of the twelve fault grounds under § 93-5-1.

Six-month Mississippi residency is required before filing. § 93-5-5.

Mandatory 60-day waiting period from the date of filing before any irreconcilable differences hearing or decree. § 93-5-2(4).

Mississippi does NOT publish statewide standardized divorce forms — obtain locally from the Chancery Court Clerk in the county of filing.

PACKET CONTENTS

1. Residency & Consent Eligibility Checklist
2. Joint Bill of Complaint for Divorce (Irreconcilable Differences)
3. Alternative: Waiver of Process / Personal Service
4. Property Settlement & Custody Agreement (PSA / Custody Order)
5. Written Consent to Court Adjudication of Unresolved Issues (§ 93-5-2(3))
6. Financial Statement (Rule 8.05 / UCCR 8.05)
7. Child Support Guidelines Worksheet (§ 43-19-101)
8. Final Judgment of Divorce
9. Filing & Finalization Procedure

1. RESIDENCY & CONSENT ELIGIBILITY CHECKLIST

Residency (§ 93-5-5)

☐ Either spouse has been an actual bona fide resident of Mississippi for at least six (6) months before filing
☐ Residency was not established solely for the purpose of obtaining a divorce
☐ Military exception: a member of the armed services stationed in Mississippi and their spouse meets residency

Filing Method (§ 93-5-2(1))

☐ Joint Bill of Complaint signed by both spouses (preferred — no service required), OR
☐ Bill of Complaint with personal service of process on Defendant, OR
☐ Bill of Complaint where Defendant has filed a written Waiver of Process

Consent (§ 93-5-2(5))

☐ BOTH parties agree the marriage has irreconcilable differences and is beyond repair
☐ Neither party contests or denies irreconcilable differences

Written Agreement / Consent (§ 93-5-2(2)–(3))

☐ Parties have a written agreement resolving custody, support, alimony, and property; OR
☐ Parties have signed written consent allowing the chancellor to decide specifically identified unresolved issues, with all such issues to be adjudicated before decree entry

Time

☐ Joint Bill of Complaint will sit on file for at least 60 days before hearing/decree. § 93-5-2(4).

Court & Venue (§ 93-5-11)

☐ Chancery Court of the county where either spouse resides

Pre-Filing

☐ Filing fee paid (~$100–$160; varies by county)
☐ Rule 8.05 Financial Statement prepared for each party (UCCR 8.05)
☐ If children: Confidential Information Sheet completed

2. JOINT BILL OF COMPLAINT FOR DIVORCE (IRRECONCILABLE DIFFERENCES)

IN THE CHANCERY COURT OF [______________] COUNTY, MISSISSIPPI

Cause No.: [____________________]

JOINT BILL OF COMPLAINT FOR DIVORCE
(Irreconcilable Differences — Miss. Code Ann. § 93-5-2)

COME NOW the Co-Complainants, [______________________________] and [______________________________], jointly, and respectfully submit to this Honorable Court the following:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction under Miss. Code Ann. § 9-5-81 and § 93-5-1 et seq.

2. Venue is proper in [______________] County under Miss. Code Ann. § 93-5-11 because [☐ both parties / ☐ Co-Complainant [______]] reside in this county.

II. RESIDENCY (§ 93-5-5)

3. [Co-Complainant Name] has been an actual, bona fide resident of the State of Mississippi for more than six (6) months preceding the filing of this Joint Bill of Complaint. Residency was not established for the sole purpose of obtaining a divorce.

III. THE PARTIES

4. Co-Complainant #1: Full legal name [______________________________]; DOB [__/__/____]; residing at [_____________________________________________].

5. Co-Complainant #2: Full legal name [______________________________]; DOB [__/__/____]; residing at [_____________________________________________].

IV. MARRIAGE

6. The parties were lawfully married on [__/__/____] in [_______________], [State].

7. The parties separated on [__/__/____] and have lived [☐ separate and apart / ☐ in the same residence but as separated spouses] since that date.

V. CHILDREN

8. ☐ No children were born of or adopted during the marriage, and Co-Complainant #2 (wife) is not pregnant.

☐ The following minor children were born of or adopted during the marriage:

9. Mississippi is the home state of the children under the UCCJEA, Miss. Code Ann. § 93-27-201.

VI. GROUND FOR DIVORCE (§ 93-5-2)

10. The parties allege the ground of IRRECONCILABLE DIFFERENCES. Both parties acknowledge and agree that irreconcilable differences have arisen between them, the marriage is beyond repair, and neither party contests this ground.

VII. AGREEMENT / CONSENT

11. ☐ The parties have entered into a Property Settlement and Custody Agreement dated [__/__/____], attached as Exhibit A and incorporated herein, resolving all issues of custody, support, alimony, property, and debt. The parties pray that the Court find the Agreement adequate and sufficient and incorporate it into the Final Judgment of Divorce. § 93-5-2(2).

☐ The parties are unable to agree on the following specifically identified issue(s) and have signed a written Consent under § 93-5-2(3) authorizing this Court to decide such issue(s):
a. [____________________________________________________________]
b. [____________________________________________________________]

VIII. NAME RESTORATION

12. ☐ Co-Complainant [______________] requests restoration of the prior name [____________________]. Miss. Code Ann. § 93-5-17.

IX. PRAYER FOR RELIEF

WHEREFORE, the Co-Complainants jointly pray that:

a. After the expiration of the statutory 60-day waiting period (§ 93-5-2(4)), this Court enter a Final Judgment of Divorce on the ground of irreconcilable differences;
b. The Property Settlement and Custody Agreement be approved and incorporated;
c. Any issues on which the parties have consented to court adjudication be heard and decided;
d. Co-Complainant's prior name be restored (if requested);
e. The Court grant such further relief as is equitable and just.

OATH OF CO-COMPLAINANT #1

State of Mississippi, County of [______________], ss.

Personally appeared before me, the undersigned authority, [CO-COMPLAINANT #1 NAME], who, being first duly sworn, states under oath that he/she has read the foregoing Joint Bill of Complaint, that the facts and allegations therein are true and correct to the best of his/her knowledge and belief, and that this divorce is not sought collusively but in good faith.

[____________________________________________]
Co-Complainant #1

Sworn to and subscribed before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public, State of Mississippi

OATH OF CO-COMPLAINANT #2

State of Mississippi, County of [______________], ss.

[Repeat oath above for Co-Complainant #2.]

[____________________________________________]
Co-Complainant #2

Sworn to and subscribed before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public, State of Mississippi

3. ALTERNATIVE: WAIVER OF PROCESS (if only one spouse files Bill of Complaint)

I, [DEFENDANT NAME], hereby:

☐ Acknowledge receipt of a copy of the Bill of Complaint for Divorce filed in this matter.

☐ Voluntarily enter my appearance and WAIVE service of process under Miss. R. Civ. P. 4 and Rule 81(d).

☐ Acknowledge that I do not contest or deny irreconcilable differences as the ground for divorce.

☐ Consent to the Property Settlement and Custody Agreement filed herein OR to the Court's adjudication of specifically identified issues per § 93-5-2(3).

☐ Acknowledge that I do not waive the statutory 60-day waiting period under § 93-5-2(4).

Dated: [__/__/____] [____________________________________________]

State of Mississippi, County of [______________], ss.

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public

4. PROPERTY SETTLEMENT AND CUSTODY AGREEMENT

This Property Settlement and Custody Agreement ("Agreement") is made between [PARTY 1] and [PARTY 2] for submission to the Chancery Court of [______________] County, Mississippi for approval and incorporation under Miss. Code Ann. § 93-5-2(2).

A. CUSTODY (Albright Factors — Albright v. Albright, 437 So.2d 1003 (Miss. 1983))

1. Legal Custody: ☐ Joint legal custody ☐ Sole legal custody to [________]
2. Physical Custody: ☐ Joint physical custody ☐ Primary physical custody to [________]
3. Visitation: [____________________________________________________]
4. Holidays / Summer: [____________________________________________________]

B. CHILD SUPPORT (§ 43-19-101 Guidelines)

• Obligor's adjusted gross income: $[__________]/month
• Number of children: [____]
• Monthly support: $[__________]
• Payable via Mississippi Department of Human Services (MDHS) Case Registry by income withholding
• Health insurance: provided by [________]
• Uncovered medical: split [____]% / [____]%

C. PROPERTY DIVISION (Ferguson Factors — Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994); equitable distribution)

Real Property: Marital residence at [_________________________________________] awarded to ☐ [Party 1] ☐ [Party 2]. Conveying instrument due within [____] days of decree.

Personal Property: Each party retains assets currently in their possession except:
[____________________________________________________________]

Bank Accounts: Each party retains accounts in their sole name. Joint accounts divided as follows: [____________________].

Retirement / 401(k) / IRA: ☐ QDRO required for [_______________ plan]; [Party] shall prepare within [____] days. Division: [____________________].

D. DEBT ALLOCATION

E. ALIMONY (§ 93-5-23; Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993))

☐ Both parties WAIVE alimony, periodic and lump sum, forever.
☐ [________] shall pay $[________]/month for [______] months as ☐ periodic ☐ rehabilitative ☐ lump-sum alimony.

F. NAME RESTORATION

☐ [Co-Complainant] shall have prior name [____________________] restored. § 93-5-17.

G. INCOME TAX

Returns for year [______]: ☐ Joint ☐ Married filing separately ☐ Single (decree before 12/31).

H. EXECUTION

Each party warrants full financial disclosure, voluntary execution, and the opportunity to consult independent counsel.

Dated: [__/__/____] [____________________________________________] PARTY 1
Dated: [__/__/____] [____________________________________________] PARTY 2

(Notarized signatures.)

5. WRITTEN CONSENT TO COURT ADJUDICATION (§ 93-5-2(3)) — if no full Agreement

We, [PARTY 1] and [PARTY 2], being unable to agree on the following matters in our irreconcilable differences divorce, hereby personally and voluntarily CONSENT to permit the Chancery Court to decide the following specifically identified issue(s) and acknowledge the Court's decision shall be a binding and lawful judgment:

☐ Legal custody of minor children
☐ Physical custody / parenting time
☐ Child support amount
☐ Alimony
☐ Division of [_________________________________________] property
☐ Allocation of [_________________________________________] debt
☐ Other: [____________________]

We understand we cannot withdraw this Consent without leave of the Court once the Court has commenced any proceeding on these issues.

Dated: [__/__/____] [____________________________________________] PARTY 1
Dated: [__/__/____] [____________________________________________] PARTY 2

(Notarized.)

6. RULE 8.05 FINANCIAL STATEMENT (UCCR 8.05)

Affiant: ☐ Party 1 ☐ Party 2

Monthly Income

Mandatory Deductions

ADJUSTED GROSS INCOME (for child support): $[__________]

Monthly Expenses (Self / Children)

Assets

Debts

I certify under penalty of perjury and pursuant to UCCR 8.05 that the foregoing is true and complete.

Dated: [__/__/____] [____________________________________________]

7. CHILD SUPPORT GUIDELINES WORKSHEET (§ 43-19-101)

Income withholding through MDHS State Disbursement Unit.

8. FINAL JUDGMENT OF DIVORCE

IN THE CHANCERY COURT OF [______________] COUNTY, MISSISSIPPI

Cause No.: [____________________]

FINAL JUDGMENT OF DIVORCE

This cause came on for consideration upon the Joint Bill of Complaint for Divorce on the ground of irreconcilable differences, filed [__/__/____], more than sixty (60) days having elapsed since said filing. The Court, having reviewed the Joint Bill of Complaint, sworn statements, Property Settlement and Custody Agreement, and Rule 8.05 Financial Statements, FINDS:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. The Court has jurisdiction over the subject matter and the parties.
2. [Co-Complainant Name] has been an actual, bona fide resident of Mississippi for more than six (6) months preceding the filing. § 93-5-5.
3. Venue is proper in [______________] County. § 93-5-11.
4. More than sixty (60) days have elapsed since the filing of the Joint Bill of Complaint. § 93-5-2(4).
5. Both parties have sworn that irreconcilable differences exist, neither party contests this ground, and the marriage is beyond repair. § 93-5-2(1), (5).
6. The parties' Property Settlement and Custody Agreement, dated [__/__/____], is adequate and sufficient to resolve all issues of custody, support, alimony, property, and debt. § 93-5-2(2).
7. The custody and support provisions are in the best interests of the minor children under the Albright factors and § 43-19-101.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The bonds of matrimony between [Co-Complainant #1] and [Co-Complainant #2] are hereby DISSOLVED, and the parties are GRANTED an absolute divorce on the ground of irreconcilable differences.

B. The Property Settlement and Custody Agreement filed [__/__/____] is APPROVED, FOUND ADEQUATE AND SUFFICIENT, and INCORPORATED into this Final Judgment as if fully set forth herein.

C. Custody, visitation, child support, and related parenting provisions are ORDERED as set forth in the Agreement. Child support payable via the MDHS State Disbursement Unit by income withholding.

D. ☐ Alimony is WAIVED forever. ☐ Alimony is ordered as set forth in the Agreement.

E. ☐ [Co-Complainant]'s prior name [____________________] is RESTORED. § 93-5-17.

F. Each party shall bear their own attorney's fees and the parties shall equally divide court costs.

G. This Judgment is a final and binding adjudication of all matters between the parties.

SO ORDERED AND ADJUDGED, this the [____] day of [______________], [______].

[____________________________________________]
CHANCELLOR

9. FILING AND FINALIZATION PROCEDURE

Sources and References

• Mississippi Code Title 93, Chapter 5: https://codes.findlaw.com/ms/title-93-domestic-relations/
• Miss. Code § 93-5-2 (Irreconcilable Differences): https://codes.findlaw.com/ms/title-93-domestic-relations/ms-code-sect-93-5-2/
• Mississippi Judiciary — Chancery Courts: https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php
• Mississippi Department of Human Services — Child Support: https://www.mdhs.ms.gov/child-support/
• Uniform Chancery Court Rules: https://courts.ms.gov/rules/

DISCLAIMER: This packet is provided for informational purposes only and is not a substitute for advice from a licensed Mississippi attorney. Mississippi does not provide statewide standardized divorce forms — obtain locally from the Chancery Court Clerk. The 60-day waiting period of § 93-5-2(4) is MANDATORY and cannot be waived. If either spouse withdraws consent before final judgment, the case cannot proceed on irreconcilable differences and must be refiled on a fault ground under § 93-5-1.