A Mississippi divorce certificate provides official documentation that a divorce was granted between two parties. This document serves as legal proof of marriage dissolution and is often needed for various official purposes, including remarriage, name changes, benefits claims, and legal proceedings.
The Mississippi State Department of Health Vital Records Office does not maintain actual divorce certificates. Instead, divorce records are kept by the chancery clerk in the county where the divorce was granted. This means individuals seeking divorce documentation must understand the proper channels and procedures for requesting these records.
Where Divorce Records Are Maintained
All Mississippi divorce records are maintained by the chancery clerk's office in the county where the divorce was granted. Each of Mississippi's 82 counties has a chancery clerk responsible for keeping divorce records for divorces finalized in that county. These offices serve as the official custodians of divorce documentation.
When you need a Mississippi divorce certificate, you must contact the chancery clerk in the specific county where your divorce was finalized. The clerk's office can provide both certified copies and informational copies of divorce records. Certified copies include an official seal and are accepted for legal purposes.
Vital Records Office Search Service
While the Mississippi State Department of Health Vital Records Office does not maintain actual divorce records, they offer a helpful search service. For a fee of $17, they will conduct a five-year search of county divorce indexes. This search covers records from January 1, 1926, to June 30, 1938, and from January 1, 1942, to present.
The vital records office search helps individuals who know their divorce occurred during a specific five-year period but are unsure which county granted the divorce. The search results provide the county name, book number, and page number where the divorce was recorded at the chancery clerk's office. With this information, you can then contact the appropriate chancery clerk to obtain a certified copy of the divorce decree.
Types of Divorce Documents
A divorce certificate is a simple document containing basic information such as the names of both parties, the date the divorce was granted, the location where the divorce occurred, and the official who granted it.
A divorce decree is more comprehensive. It includes all the information found in a certificate plus detailed terms of the divorce settlement. The decree specifies property division, alimony arrangements, child custody determinations, child support obligations, and all other conditions ordered by the court. Divorce decrees are legal documents enforceable like court orders.
Certified Copy vs. Informational Copy
Mississippi provides two types of divorce record copies. A certified copy includes an official court seal and signature, making it a legal document acceptable for official purposes. Certified copies are required for remarriage, name changes with government agencies, updating Social Security records, and other legal matters.
Informational copies contain the same information but lack the official seal. These copies are suitable for personal reference, genealogical research, or situations not requiring legal documentation. Informational copies typically cost less than certified copies.
Who Can Obtain Divorce Records
Mississippi divorce records are generally considered public information under the state's Public Records Act. Any member of the public may request informational copies of divorce records by submitting a request to the appropriate chancery clerk and paying required fees.
However, not all divorce records remain fully public. Some records may be sealed by court order, restricting public access. Sealed records typically involve sensitive information such as details about minor children, domestic violence situations, or confidential financial information.
Obtaining Certified Copies
While anyone can request informational copies, only certain authorized individuals may obtain certified copies of Mississippi divorce certificates. Authorized persons include the two individuals named in the divorce record, their legal representatives such as attorneys, and individuals who present valid court orders authorizing access.
To obtain a certified copy, requesters must provide proof of eligibility. This typically means presenting government-issued photo identification and demonstrating they are one of the parties named in the record or their authorized representative.
How to Request Divorce Records
Information Needed for Requests
When requesting a Mississippi divorce certificate, you must provide sufficient information to help the chancery clerk locate the correct record. Essential information includes the full legal names of both parties at the time of divorce, the approximate date the divorce was granted, and the county where the divorce was granted.
Additional helpful information includes case numbers, names of attorneys who represented either party, and the specific chancery court district if known. The more information you provide, the easier and faster the clerk can locate your record.
In-Person Requests
Many people prefer requesting divorce records in person at the chancery clerk's office. This method allows immediate service when records are readily available. To make an in-person request, visit the clerk's office during regular business hours with the required information and identification.
The clerk's office staff will search their records based on the information you provide. If they locate the record and you qualify for a certified copy, they will prepare the document with the official seal. You pay applicable fees and receive your Mississippi divorce certificate before leaving.
Mail Requests
You can request divorce records by mail if visiting the clerk's office in person is inconvenient. Prepare a written request including all required information: names of both parties, approximate divorce date, county where divorce occurred, and your contact information.
Include a photocopy of your government-issued photo identification to prove eligibility for certified copies. Include payment for search fees and copy fees. Most offices accept checks or money orders made payable to the chancery clerk. Include a self-addressed stamped envelope for the clerk to return your documents.
Online Access
Some Mississippi counties offer online access to divorce records through the Mississippi Electronic Courts (MEC) system. This system allows registered users to search for and view certain court records electronically. However, not all divorce records are available online, particularly older records or those sealed by court order.
To use the MEC system, you must register for an account and pay an annual subscription fee of $10. Once registered, you can search for records by party names or case numbers. The system allows viewing records online and ordering official copies to be mailed.
Fees for Divorce Records
Fees for obtaining Mississippi divorce certificates vary by county. Most chancery clerk offices charge search fees to locate records and separate copy fees for each copy provided. Typical fees range from $1 to $10 for searches and $1 to $5 per page for copies.
Certified copies typically cost more than informational copies due to the additional processing required to add official seals and clerk signatures. Some offices charge flat fees for certified copies regardless of page count, while others charge per-page fees.
Vital Records Office Search Fee
The Mississippi State Department of Health Vital Records Office charges $17 for their five-year divorce index search service. This fee covers the search only and does not include copies of actual divorce records. After receiving search results showing which county maintains your divorce record, you must separately contact that chancery clerk and pay their fees to obtain copies.
Common Reasons for Requesting Divorce Certificates
One of the most common reasons people request Mississippi divorce certificates is to provide proof of divorce when applying for marriage licenses. Most states require applicants to prove they are legally free to marry. If previously married, applicants must show their prior marriage ended through divorce or death.
A certified copy of your divorce decree provides the documentation needed for remarriage. The new state's marriage license office will typically keep this copy as part of their records.
Name Changes
Many individuals who changed their names during marriage wish to return to previous names after divorce. While divorce decrees often include provisions allowing name changes, you must provide proof to update identification, Social Security cards, driver's licenses, and other documents.
A certified copy of your Mississippi divorce certificate showing the court-ordered name change allows you to update all official records. Government agencies require certified copies rather than informational copies for name change documentation.
Benefits and Legal Matters
Divorce certificates may be needed to establish eligibility for various benefits or to resolve legal matters. Social Security benefits, pension benefits, health insurance coverage, and other benefits sometimes require proof of divorce. Legal proceedings involving property, custody modifications, or enforcement of divorce terms require certified copies of divorce decrees.
Sealed Divorce Records
Mississippi courts may seal divorce records to protect sensitive information or individuals' privacy. Common reasons for sealing divorce records include protecting information about minor children, safeguarding victims of domestic violence, keeping confidential business information private, and protecting sensitive financial details like account numbers.
Sealed records are not accessible to the public. Only the individuals named in the record, their attorneys, and those with court orders can access sealed divorce records.
Accessing Sealed Records
If you need to access a sealed divorce record, you must demonstrate legal authority. If you are one of the parties named in the divorce, you can obtain copies by proving your identity. If you are not a party to the divorce, you must petition the court for an order allowing access.
To petition for access to sealed records, file a motion with the court explaining why you need access and how you are entitled to it. The judge will consider your request and decide whether to grant access to the sealed record.
Correcting Errors in Divorce Records
Sometimes divorce records contain errors in names, dates, or other information. These errors may result from clerical mistakes during record creation or transcription errors when documents were filed. Discovering errors when you receive your Mississippi divorce certificate requires corrective action.
Common errors include misspelled names, incorrect divorce dates, wrong county information, or inaccurate details about the divorce terms. Significant errors may require legal proceedings to correct, while minor clerical errors might be corrected through administrative processes.
Correction Procedures
To correct errors in divorce records, contact the chancery clerk's office where the divorce was granted. The clerk can advise whether the error can be corrected administratively or requires a court order. Some corrections require filing petitions with the chancery court and obtaining judicial approval.
For legal corrections, you may need assistance from an attorney familiar with Mississippi family law. The attorney can help file appropriate motions and represent you in hearings to correct the record.
Historical Divorce Records
Mississippi maintains divorce records dating back to the early 1900s. The vital records office search service covers records from January 1, 1926, onward. Records from before 1926 may be available through local chancery clerk offices or historical archives.
Older records may be stored differently than recent records. Some counties have digitized historical records, while others maintain only paper copies in archives. Accessing very old records may require special arrangements with the chancery clerk's office.
Genealogical Research
Many people seek Mississippi divorce certificates for genealogical research. Divorce records provide valuable information about family histories, including full names, dates, and locations. Researchers can often obtain informational copies of historical divorce records for genealogical purposes.
When researching family history, the vital records office search service helps identify which county granted divorces, even when specific details are uncertain. This service is particularly valuable when researching ancestors whose exact locations are unknown.