What are Mississippi Divorce Records?

Marriage is a form of civil contract where each party consents to certain obligations under the law. A divorce in Mississippi is a judicial order or decree that legally ends a valid marriage between two parties in the state. Divorce has a set of proceedings or events that continue until the Judge finally pronounces the divorce in court. The documentation of these processes is called a Mississippi divorce record, and these records are generated and maintained by the court where the case was heard. According to the U.S. Census Bureau, the Divorce Rate in Mississippi in 2022 was 3 per 1000 population. 

Divorces are the legal way to end marriages that are considered valid under the law. If a marriage is invalid, the couple may have it annulled rather than get divorced. Grounds for divorce in Mississippi include adultery, natural impotence, incarceration without pardon, willful desertion for a year, habitual cruel and inhuman treatment, habitual drunkenness, and drug abuse. 

On the other hand, grounds for annulment include mental illness or incompetency at the time of marriage, incestuous or bigamous marriage, age-based violations, and when consent for marriage was obtained via forceful or fraudulent means.

Mississippi recognizes two forms of divorce: fault-based and no-fault divorces. Fault-based divorces assign blame for the marriage’s failure to one of the spouses. Here, the person seeking the divorce has the burden of proof and must show their spouse’s actions are responsible for the marriage’s failure. No-fault divorces simply mean that both spouses agree the marriage may not continue and wish to settle various issues, including child support, child custody, alimony, and division of assets. Irreconcilable differences is the most common reason given during no-fault divorces.

A divorce in Mississippi must be filed in the Mississippi Chancery Court in the county where the couple resides or was wed. When they are no longer in that county due to moving or separation, it must be filed in the county where the defendant resides. To file for a divorce in Mississippi, the plaintiff must have been a resident of Mississippi for at least six months before filing. The petition is filed with the clerk of the chancery court after paying a filing fee. The plaintiff must then serve the defendant with a copy of the petition and any accompanying documentation. 

Once the filing and serving are done, the court sets a date for the hearing, and both parties are notified of the schedule. While there may be a waiting period before the case is heard, the law generally requires defendants in divorce cases to have at least thirty days' notice. At the hearing, the Judge will address issues such as child custody, alimony, child support, and so on. In general, divorces are usually finalized within around 60 days. 

Divorce cases may become complicated and delayed due to various reasons. An uncooperative spouse or matters relating to children or asset division may delay proceedings. In contrast, when both spouses agree to all these terms before filing the Judge may grant them the divorce without a hearing which speeds up the process. Cases involving an incarcerated or mentally ill spouse may also be delayed due to the logistics involved.

Are Divorce Records Public in Mississippi?

Divorce records are considered public records under Mississippi’s Public Records Act. Sections § 25-61-1 and § 25-61-2 of the act, in particular, cover divorce records. The act states that unless exempted by the law, information such as divorce and annulment records are public. Although divorce records are generally public, not all of them are open to the public. Some divorce records may be sealed by court order or otherwise restricted from public access.

In Mississippi, divorce records are maintained by the Chancery Court Clerk for the county where the divorce was granted. These records may usually be obtained by forwarding a request to the chancery clerk at their office. To access sealed records, the requester may obtain written authorization from the couple named on the record or petition a Mississippi Judge for a subpoena to overrule the restriction and grant access to the record.

Divorces may be publicly published in Mississippi under certain conditions. If one of the spouses cannot be found, the other may request permission to publish a notice of the divorce in local newspapers. To receive permission, the requester must prove that their spouse cannot be found after a thorough search. When permission is given, the notice must be posted in newspapers at least once a week for at least four weeks. 

Divorce records may be available for access on third-party record websites. It should however be noted that as these record websites do not have direct affiliation with the courts the records may not be accurate or up-to-date. Any sealed or confidential records will not be accessible on such websites.

What Types of Divorce Records are Available in Mississippi?

There are two types of divorce records available for request in Mississippi. These are the divorce certificate and a divorce decree. A divorce certificate is a simple document containing basic information about the case such as the names of the parties concerned, the date and location of the divorce, and the official who granted it. 

On the other hand, divorce decrees are more comprehensive and may only be obtained from the Chancery Court Clerk. They are documents that detail all the final terms of the divorce. Apart from all the information in the divorce certificate, the decree also contains details about alimony, asset division, child custody, child support, and so on. Divorce decrees are legal documents like a court order and are enforceable by the courts if anyone refuses to comply with the terms of the decree.

Certified and information(plain) copies of divorce records are available in Mississippi. The main difference between these records is that certified copies are legal documents with a court seal and are useful for legal purposes. Conversely, informational copies are for personal use, have no seal, and cannot be used for legal purposes. They are mostly used for information during research and genealogy.

Any member of the public who makes a request to the correct custodian and pays the fees may obtain an informational copy of divorce records. Certified copies, however, may only be obtained by the subjects named on the record and their legal representatives.

How Do I Get Divorce Records in Mississippi?

Divorce records may be obtained via various means. Interested parties may forward written requests to the Clerk of the Chancery Court for the county where the divorce was granted. 

To obtain copies of these records, applicants may submit a record request to the clerk of the chancery court of the appropriate county. The request must contain enough information to find the record with a relatively quick search. Information required for a request includes the following.

• The full names of the parties involved in the divorce
• The date and location of the case
• A case number   
• Names of the attorneys involved(if available)

Submission methods may vary across counties, but requests may usually be submitted in person or by mail. Some locations also provide options for submitting record requests by phone or online. The cost of copies may vary from county to county. Hence, record seekers are advised to contact the chancery clerk in advance of the request for information about the request process and required copy fees.

Although the Mississippi State Vital Records Office does not maintain Divorce Records, for a fee of $17, it performs a five-year search of county divorce indexes. This search will provide results such as the county where the divorce was granted, the book, and the page where it was recorded at the chancery clerk’s office.

A request for a divorce record could be denied or delayed for several reasons.

• The request was vague or unclear 
• The requester did not provide sufficient information to find the record
• The request may disrupt normal court procedures or operations
• The record in question may be restricted from disclosure by law
• The record may be sealed under a court order

Who Can Obtain Divorce Records in Mississippi?

According to the law, anyone in Mississippi may request divorce records. Informational copies of divorce records may be obtained by any member of the public who submits a request and pays the fees. However, certified copies may only be obtained by certain authorized persons in the state. Authorized persons who may request certified copies of divorce records include the subjects named in the record and their legal representatives, such as an attorney. Individuals with a court order authorizing their access may also obtain Mississippi divorce records.

Are Mississippi Divorce Records Available Online?

Mississippi divorce records are available online via the official State of Mississippi online database. The Mississippi Electronic Court System(MEC) is an electronic case management and filing system where users may access Chancery Court records such as divorce records online. To use the system, new users must register and create an account on the system plus pay a yearly subscription fee of $10. 

Payment is accepted on the system via electronic checks and debit/credit cards or by selecting the “Mail a Physical Check” option during registration. All court information filed with the chancery court except anything sealed by a court order is available on the MEC. This includes motions, documents, judgments, rulings, dockets, and other case information. Any confidential or sealed divorce records will not be available online and must be accessed through the Chancery Court Clerk.

Third-party online record websites may also provide convenient access to public Mississippi divorce records.

How Do I Seal My Divorce Records in Mississippi?

A Divorce record in Mississippi may be sealed through a successful petition to the courts. When dealing with such a petition, the presiding judge will weigh the petitioner’s right to privacy against the public’s right to access the record. Divorce records may be sealed for the following reasons or to protect the following information.

• Information concerning any children or minors involved
• Business-related information, such as trade secrets
• Protecting financial information such as bank account numbers and social security information
• Protecting victims of domestic abuse or violence

To have the divorce record sealed, the applicant must file a Motion to Seal with the court explaining why the record should be sealed. This may be done using paper forms from the chancery court or using the online seal motions form in the Mississippi Electronic Courts (MEC) system. It is recommended to make your petition very specific and narrow, as broad or vague requests will likely be denied. 

Any of the above or a combination of more than one are common reasons to petition. The petition should be filed with the chancery clerk at the court where the divorce was initially granted. After the petition is filed, a hearing date will be scheduled, and the judge typically hears arguments for and against the sealing. After the hearing, the judge will give a decision. Sometimes, the Judge may decide to partially seal the record, only sealing the specific information used as the reason for the petition.

When a divorce record is sealed it is no longer public information and cannot be accessed. Only legal authorities and the parties involved will be able to access it. To access a sealed divorce record, the requester must file a petition for a court order to access the record. This must be filed at the same court that sealed the record initially.