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Mississippi Separation Agreement

A Mississippi separation agreement is a contract between spouses that sets the terms of how certain rights and obligations, such as child custody and support, will be assigned when they no longer wish to live together. Mississippi does not recognize separation as a distinct legal status, and so the terms of the contract may not be enforceable.
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Is a Separation Agreement Legal in Mississippi?

Yes, but courts do not recognize separation as a distinct legal status. Couples can write separation agreements on their own, or petition a court for an order for an order for alimony.[1]

Legal Separation Requirements

  • Filing Fee: Varies by county; in Jackson County $158 (Separate Maintenance), in De Soto County $161 (Civil)
  • Residency: At least one of the parties must have been a resident for at least six months prior to filing.[2]
  • Where to File: With the Chancery Court in the district containing the county where one of the spouses resides.

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