Are Divorce Records Public in Mississippi?
Yes. Generally, divorce records in Mississippi are public records. Members of the public can access available divorce case records using the Mississippi Electronic Courts (MEC) search tool provided on the State of Mississippi Judiciary website.
Public access to copies of divorce records in the state varies and depends on the eligibility of the individual making a request and the reason for it. Certified copies of divorce records can only be obtained by the individuals named in those records. Other eligible persons must present proof of relationship and signed releases from divorced parties named in those records.
While Mississippi keeps most divorce case files public, documents containing confidential details are sealed. Such information includes financial statements, social security numbers, names of minors, guardianship rights, and probate information. These records are only available to third parties with specific court orders granting access.
Occasionally, the holders of a divorce record may wish to seal it from public access. They would file a motion with the state family court. The court grants this request only if the reasons provided are found cogent.
Mississippi Divorce Records
Divorce record refers to the complete set of court documents introduced and produced during a divorce trial. It includes a divorce decree and every order, motion, complaint, report, assessment, and transcript arising from the court case ending in the dissolution of a marriage.
How to Find a Divorce Record in Mississippi
Chancery Courts handle divorce cases and maintain divorce records. Anyone interested in divorce records must contact the Chancery Clerk in the county where the divorce was granted. Eligible persons can also look up divorce records in Mississippi by contacting the Mississippi State Department of Health's Vital Records office. In addition, divorce records can also be found using some third-party public record websites.
Note: In Mississippi, only formal marriages can end in legal divorces recognized by the state.
Understanding Mississippi Divorce Certificates
A divorce certificate is a vital document that provides necessary information about the dissolution of a marriage. It offers such details as the names of the persons granted the divorce and where and when the divorce was finalized.
Divorce certificates are prepared, issued, and maintained by Chancery Court Clerks’ Offices in different counties in Mississippi. The State Department of Health only maintains a register of divorce certificates.
A divorce certificate in Mississippi is viewed as a court record, and public access is restricted to visual inspection. Access to copies of a divorce certificate is granted only to the persons granted the divorce, their immediate family members, and their attorneys. Parties legally related to the individuals named in the divorce record also have access but need to provide proof of this relationship.
Divorce certificates may be issued as certified or plain copies. A certified copy has a legal seal that authenticates it as a true copy of the original document. Plain prints are photocopies with no official seals. Certified copies are usually required for legal, tax, and similar official purposes. Plain copies are mostly used for genealogy or research purposes.
Understanding Mississippi Divorce Decrees
A divorce decree is a detailed summary of the final court decision of marriage dissolution. It is generated after the divorce case has been finalized in court. This divorce document states the basis for the divorce as well as the rights and claims of both parties as enforceable court orders.
How to Find Out if Someone is Divorced in Mississippi?
Divorce records are public records. Individuals can find out if someone is divorced in Mississippi. Anyone interested in finding out if someone is divorced in the state must contact the Chancery Clerk of the county where the couple filed for divorce. Also, individuals can search the court website that granted the divorce. Chancery Court Clerks accept mail, phone, and fax requests for divorce records. Find the contact information of the Chancery Clerk of Interest from the Chancery Court Clerk Directory. To process a request for a divorce record, a Chancery Court Clerk will require the following information:
- Full names of the divorced individuals named on the record
- Date of the divorce
- County where the divorce was finalized
- A valid photo ID of the requester
- Contact details of the requester (phone number and mail address)
Furthermore, individuals can contact the vital records office to search for the county where the divorce might have taken place since the office does not maintain divorce records. Additionally, individuals can search via third-party websites to find out if someone is divorced. One must be an immediate family member such as parents, children, uncles, grandparents, or the couple's representatives to obtain certified copies of the divorce records. For anyone outside these two categories, the copies obtainable will lack the state official seal of the state and, therefore, cannot be used for official purposes.
How to Find Public Divorce Records Online
Public members in Mississippi can access available divorce case records using the Mississippi Electronic Courts (MEC) search tool provided on the State of Mississippi Judiciary website. Furthermore, government public record search portals and third-party public record websites may provide court records search tools that can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may be unavailable through either source.
What is a Dissolution of Marriage Records?
Dissolution of marriage is a term used to refer to a “no-fault” divorce. A “no-fault” divorce is rooted in irreconcilable differences between the couple that can be substantiated. The Miss. Code Ann. § 93-5-2 summarized the terms of “no-fault” divorce. It is different from the traditional “at-fault” divorce, which is predicated on the other partner's fault. Dissolution of marriage is typically more straightforward and shorter than a divorce, and it is without much spending associated with a divorce case. During the marriage dissolution process, the spouses work together to develop a divorce agreement on issues relating to the division of assets, payment of debts, alimony, child support, child custody, parental rights, etc, without involving a judge. After reaching an agreement, the parties then file a marriage dissolution petition with the court. The hearing in court, where both parties will testify to the divorce agreement, follows within 30 to 90 days.
It should be noted that both divorce and dissolution end in the termination of the marriage. However, they have different processes. Dissolution of marriage agreement and dissolution of marriage petition are examples of dissolution of marriage records. The agreement is reached by both parties, after which the petition is filed with the court.
How to Find Dissolution of Marriage Records in Mississippi?
Dissolution of marriage records is available from the Offices of the Mississippi Chancery Court Clerks. To obtain a dissolution of a marriage record, individuals can visit the Court Clerk in the courthouse where the divorce was finalized. Chancery Court Clerks accept mail, phone, and fax requests for dissolution of marriage records. Find the contact information of the Chancery Clerk of Interest from the Chancery Court Clerk Directory. On the other hand, official government websites and third-party public record agencies provide search tools that can be used to locate dissolution of marriage or divorce records.
How to Obtain Mississippi Divorce Court Records
Divorce court records are available from the Offices of the Mississippi Chancery Court Clerks. To obtain a divorce record, visit the Court Clerk in the courthouse where the divorce was finalized. Chancery Court Clerks accept mail, phone, and fax requests for divorce records. Find the contact information of the Chancery Clerk of Interest from the Chancery Court Clerk Directory.
To process a request for a divorce record, a Chancery Court Clerk will require the following information:
- Full names of the divorced individuals named on the record
- Date of the divorce
- County where the divorce was finalized
- A valid photo ID of the requester
- Contact details of the requester (phone number and mail address)
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Obtain a Mississippi Divorce Certificate
The Mississippi State Department of Health accepts public requests for divorce record searches. It charges $17 per search. However, a Mississippi divorce certificate is only available from the Office of the Chancery Court Clerk in the county where the divorce was granted. Requests for certified copies of a divorce certificate in the state are processed only for the divorced parties on the record, their immediate family members, and their legal representatives.
Does Mississippi Recognize Common-Law Marriage?
Yes. Mississippi recognizes common-law marriages that occurred in the state before 1956. It also recognizes the validity of common-law marriages created in other states that support this type of union. For a common-law marriage to be established in Mississippi, the couple must have lived together for a long time, acquired and shared property, and generally consider themselves to be husband and wife to their families and friends.
How to Get a Divorce in Mississippi?
Filing for divorce in Mississippi follows some established guidelines. For instance, individuals can file for a divorce in Mississippi if they or their spouse is a state resident for six months before the commencement of the divorce case (Miss. Code Ann. § 93-5-5). Anyone willing to get a divorce in Mississippi must establish a ground for the divorce. The Miss. Code Ann. § 93-5-1 outlines the various grounds for divorce in Mississippi.
Individuals ready to get a divorce in the state must file divorce papers at the Chancery Court in a specified county. After the original divorce papers are completed, copies of the divorce papers must be served on the spouse. if the spouse accepts all the conditions in the divorce papers, there may be an uncontested divorce. With an uncontested divorce, both partners can agree on all aspects of the divorce. If the spouse refuses the conditions in the documents, the spouse will have to file another divorce paper stating their side of the story. This leads to a contested divorce. The terms of the divorce will have to be settled through court hearings. After the conclusion of the court hearing, the judge gives the decree signaling the end of the divorce process.
