Mississippi divorce records are official documents that prove a marriage has legally ended. When a couple gets divorced in Mississippi, the court creates and stores these important papers. These records contain basic information about the divorce, including the names of both people who were married, when the divorce happened, and where it took place.
There are two main types of divorce records in Mississippi. The first is called a divorce certificate, which is a simple document with basic facts. The second is a divorce decree, which is much more detailed and includes information about child custody, property division, and financial support arrangements.
Mississippi's Divorce Record System
In Mississippi, divorce records are kept by the Chancery Court Clerk in the county where the divorce was granted. This means that if a couple got divorced in Jackson, the records would be at the Hinds County Chancery Court. Every county in Mississippi has its own Chancery Court that handles divorce cases and maintains these records.
The Mississippi State Department of Health also keeps an index of divorces, but they don't have the actual divorce records. Instead, they can help you find out which county handled a particular divorce. This service covers divorces from January 1926 to June 1938, and from January 1942 to the present.
Who Can Access Mississippi Divorce Records?
Mississippi divorce records are generally considered public records. This means that most people can request and view them. However, there are different levels of access depending on who you are and what type of copy you need.
Anyone can request an informational copy of a divorce record. These copies don't have an official court seal and can't be used for legal purposes. They're mainly useful for research, family history projects, or personal information.
Certified copies are different. These official documents have a court seal and can be used for legal matters like getting remarried, changing your name, or handling financial issues. Only certain people can get certified copies. These include the two people who got divorced, their children, parents, grandparents, or legal representatives like attorneys.
Some divorce records contain confidential information that isn't available to everyone. This protected information includes financial details like bank account numbers and social security numbers, information about minor children, and certain custody arrangements. To access these sealed records, you need written permission from the people involved in the divorce or a court order from a judge.
How to Get Mississippi Divorce Records
There are several ways to obtain divorce records in Mississippi. The most common method is to contact the Chancery Court Clerk in the county where the divorce was granted. You can visit the courthouse in person, send a request by mail, call the office, or even send a fax in some counties.
When requesting divorce records, you'll need to provide specific information. This includes the full names of both people who were divorced, the date when the divorce was finalized, and the county where it happened. You'll also need to show a valid photo ID. Some counties may charge a search fee, typically around ten dollars, plus additional fees for copies of documents.
Many Mississippi counties now use a system called Mississippi Electronic Courts, or MEC for short. This online system lets people search for court records, including divorce cases, from their own computer. To use MEC, you need to register for an account and pay an annual subscription fee of about ten dollars. There's also a small fee for each document you view or download.
If you want to search using the MEC system, you can access it through the Mississippi state judiciary website. The system has records from various courts across the state. However, older cases from before the 1960s might not be in the electronic system and would need to be searched using index books at the courthouse.
The Mississippi Divorce Process
Understanding how divorces work in Mississippi can help you understand the records better. To file for divorce in Mississippi, at least one person must have lived in the state for six months. The divorce case must be filed with the Chancery Court, which is the court that handles all divorce cases in Mississippi.
Mississippi allows two types of divorce. A no-fault divorce is based on "irreconcilable differences," which means the couple simply can't get along anymore and the marriage can't be saved. A fault-based divorce happens when one person blames the other for specific problems like adultery, abandonment, or substance abuse.
For a no-fault divorce where both people agree on everything, there's a 60-day waiting period. This means the divorce can't be finalized until at least 60 days after the papers are filed. If the couple disagrees about custody, property, or other issues, the divorce process takes longer.
During a divorce case, both people exchange information about their finances, property, and other important matters. They may need to fill out forms about their income, expenses, and assets. If they have children, they'll need to create a parenting plan that explains custody and visitation arrangements.
Once everything is decided and approved by the judge, a final divorce decree is issued. This becomes the official divorce record that's stored with the Chancery Court Clerk.
What Information Is in Divorce Records?
A basic divorce certificate contains essential information like the full names of both people, the date the divorce was granted, the county where it happened, and the name of the judge who approved it. It might also show whether there were children involved in the divorce.
A complete divorce decree has much more detail. It includes everything from the certificate plus information about how property was divided, whether either person has to pay alimony or spousal support, child custody arrangements, child support amounts, and decisions about the family home and other assets.
The divorce decree also contains the legal reasons for the divorce, whether it was fault-based or no-fault. All of this information becomes part of the permanent court record.
Recent Divorce Statistics in Mississippi
Mississippi has seen changes in its divorce rate over recent years. According to recent data, Mississippi had about three divorces per 1,000 residents in 2022. This places Mississippi among the states with higher divorce rates in the nation.
Over the past decade, Mississippi's divorce rate has actually decreased by about 20 percent. The rate was as high as four divorces per 1,000 people ten years ago. Between 2017 and 2022, the rates went up and down, with some years seeing higher numbers than others. The COVID-19 pandemic affected divorce rates, with 2020 and 2021 showing increases to 3.3 divorces per 1,000 residents.
Important Things to Know About Mississippi Divorce Records
There are several important points to remember when dealing with Mississippi divorce records. First, not all divorce records from Mississippi's history are on file with the state. Some older records might be incomplete or stored in different locations.
Second, each county handles its own divorce records independently. This means procedures and fees might be slightly different depending on which county you're dealing with. It's always best to contact the specific Chancery Court Clerk's office for accurate information about their requirements.
Third, processing times can vary. Some simple requests might be handled in a few days, while more complicated searches or requests for older records could take several weeks.
Costs and Fees
Getting copies of divorce records in Mississippi involves some costs. Most counties charge a search fee, usually around ten dollars, to look for the record. If you want copies of documents, there are additional per-page fees. Certified copies typically cost more than informational copies.
The Mississippi Electronic Courts system requires an annual subscription fee of about ten dollars, plus fees for each document you access. However, this can be convenient if you need to search for multiple records or want to access documents from home.
Some counties accept payment by credit card, money order, or personal check. However, credit card payments often include a processing fee of about 2.5 percent.
Why People Need Divorce Records
People request divorce records for many different reasons. Some of the most common reasons include getting remarried and needing proof that a previous marriage ended legally, changing your legal name back after a divorce, settling property or financial matters, applying for government benefits, conducting family history research, or verifying information for legal proceedings.
Having an official divorce record can be crucial for moving forward with your life after a divorce. It serves as legal proof that you're no longer married and can help you handle various personal and financial situations.
Tips for Getting Your Divorce Records
To make the process easier, prepare all necessary information before contacting the court. Know the full names of both people who were divorced, the approximate date of the divorce, and the county where it happened. Having this information ready will speed up your request.
Consider whether you need a certified copy or if an informational copy will work for your purposes. Certified copies cost more but are necessary for legal matters. If you just need information for personal reasons, an informational copy might be enough.
Be patient with the process. Court offices handle many requests and it may take time to locate older records. If you're having trouble finding a record, the Mississippi State Department of Health can help you identify which county handled the divorce.