Yes, divorce records are public in Mississippi. Under the Mississippi Public Records Act, court filings held by a public body are open to inspection and copying by any person, and divorce cases decided in chancery court fall within that rule.1Justia. Mississippi Code 25-61-5 – Public Access to Public Records You request the records from the Chancery Clerk in the county where the divorce was granted, and the per-page fees are set by statute.2Mississippi State Department of Health. Divorce Records
Where to Get the Record
The Mississippi State Department of Health does not keep divorce decrees, so you cannot order one from the state the way you would a birth or death certificate.2Mississippi State Department of Health. Divorce Records The custodian is the Chancery Clerk in the county where the case was filed.
If you don’t know which county that was, the Department of Health runs a five-year index search covering divorces recorded from January 1, 1926 through June 30, 1938 and from January 1, 1942 to the present. The search costs $17 and returns the county of record along with the book and page number in the Chancery Clerk’s files.2Mississippi State Department of Health. Divorce Records With that information in hand, the clerk can pull the actual documents quickly.
How to Request Divorce Records From the Chancery Clerk
Before you contact the clerk’s office, gather the full names of both parties, the approximate date of the divorce, and the case number if you have it. Requests can be made in person or by mail. In person, you’ll usually fill out a short request form and may be asked for identification. By mail, send a written request identifying the record, a check or money order for the fees, and a stamped self-addressed envelope.3Oktibbeha County. Frequently Asked Questions – Section: Chancery Court Some counties also accept requests through online portals or the Mississippi Electronic Courts system, though online tools often return case information rather than the full documents.
The Public Records Act sets the response clock. If the clerk’s office has no written procedure governing requests, it must produce the records within one working day. Otherwise, production is required within seven working days, and if the office can’t meet that deadline it must give you a written explanation. The outer limit is fourteen working days from the request.1Justia. Mississippi Code 25-61-5 – Public Access to Public Records
What It Costs
Chancery clerk copy fees are fixed by Mississippi Code Section 25-7-9:4Justia. Mississippi Code 25-7-9 – Clerks of the Chancery Court
- Copies made by the clerk: $0.50 per page.
- Copies you make yourself: $0.25 per page.
- Certification: $1.00 per complete document, added to the per-page charge.
A certified copy carries the court’s stamp and is the version you need for official purposes such as remarriage, a name change, or proving marital status to a government agency. For a typical decree running a few pages, the total for a certified copy usually comes in under $10. The $17 index search at the Department of Health is a separate charge and does not include a copy of the decree itself.2Mississippi State Department of Health. Divorce Records
Where a clerk has to redact exempt material from an otherwise public record, the office may charge a reasonable fee for that work, capped at actual cost.1Justia. Mississippi Code 25-61-5 – Public Access to Public Records
What You’ll Find in the File
A divorce file is a collection, not a single document, and its size depends on how contested the case was. Every file includes the original complaint or petition and the final judgment dissolving the marriage. The final judgment lays out how property was divided, whether spousal support was ordered, and, if the couple had children, how custody and child support were resolved.
Irreconcilable-differences cases also include the property settlement agreement the parties negotiated and the court incorporated. Contested fault-based divorces generate much more: temporary orders, discovery, deposition transcripts, and the Uniform Chancery Court Rule 8.05 financial statements that detail income, expenses, assets, and debts. Those financial statements are part of the public record unless filed under seal.
When Records Are Sealed or Redacted
Openness is the default, but a judge can seal portions of a divorce file when privacy outweighs public access. Nothing is sealed automatically because the matter is a family case; it takes a court order.
Rule 8.05(D) of the Uniform Chancery Court Rules gives parties a tool for sensitive data. A filer can submit the unredacted document under seal, or file a sealed reference list containing full account numbers, Social Security numbers, and similar identifiers, with the public version using shortened or coded references.5Mississippi Judiciary. Uniform Chancery Court Rules – Rule 8.05 The mechanism is optional, so parties who skip it may leave sensitive details in the public file. Courts also sometimes seal records to protect minor children, shield medical information raised in custody disputes, or safeguard trade secrets disclosed during business valuations. The underlying Public Records Act preserves any constitutional, statutory, or court-made privilege that makes a specific record confidential.6Justia. Mississippi Code 25-61-11 – Records Exempted or Privileged by Law
If a record you’re after has been sealed, the clerk will tell you it isn’t available. Getting access then requires petitioning the court to unseal it and showing a legitimate reason.