All complaints, except those based solely on the ground of irreconcilable differences, must be filed in the county in which the plaintiff resides, if the defendant be a nonresident of this state, or be absent, so that process cannot be served; and the manner of making such parties defendants so as to authorize a judgment against them in other chancery cases, shall be observed. If the defendant be a resident of this state, the complaint shall be filed in the county in which such defendant resides or may be found at the time, or in the county of the residence of the parties at the time of separation, if the plaintiff be still a resident of such county when the suit is instituted.
A complaint for divorce based solely on the grounds of irreconcilable differences shall be filed in the county of residence of either party where both parties are residents of this state. If one (1) party is not a resident of this state, then the complaint shall be filed in the county where the resident party resides.
Transfer of venue shall be governed by Rule 82(d) of the Mississippi Rules of Civil Procedure.
Codes, Hutchinson's 1848, ch. 34, art. 2 (10); 1857, ch. 40, art. 21; 1871, § 1776; 1880, § 1164; 1892, § 1569; 1906, § 1677; Hemingway's 1917, § 1419; 1930, § 1417; 1942, § 2738; Laws, 1978, ch. 368, § 1; Laws, 1991, ch. 573, § 131; Laws, 2005, ch. 448, § 1, eff. 7/1/2005.
Notes of Decisions
Drake L. Lewis v. Tonia D. Lewis Pagel, 233 So. 3d 740 (Miss. 2017).
· cites it 26× “If the defendant be a resident of this state, the complaint shall be filed in the county in which such defendant resides or may be found at the time, or in the county of the residence of the parties at the time of separation, if the plaintiff be still a resident of such county…”
Slaughter v. Slaughter, 869 So. 2d 386 (Miss. 2004).
· cites it 46× “On this appeal issues of venue and jurisdiction in a divorce and custody proceeding are raised, however, the main issue to be addressed is whether a chancery court may dismiss a contested divorce for lack of jurisdiction pursuant to Miss.Code Ann. § 93-5-11 (Rev.1994) yet retain…”
Patrick Ridgeway v. Louise Ridgeway Hooker, 240 So. 3d 1202 (Miss. 2018).
· cites it 10× “Miss. Code Ann. § 93-5-11 (Rev. 2013). Mississippi Rule of Civil Procedure 12(g) provides that "[a] party who makes a motion under this rule may join with it any other motions herein provided for and then available to him.”
Roberts v. Roberts, 866 So. 2d 474 (Miss. Ct. App. 2003).
· cites it 12× “If the defendant be a resident of this state, the complaint shall be filed in the county in which such defendant resides or may be found at the time, or in the county of the residence of the parties at the time of separation, if the plaintiff be still a resident of such county…”
Stark v. Stark, 755 So. 2d 31 (Miss. Ct. App. 1999).
· cites it 8× “Mississippi Code Annotated Section 93-5-11 1 (Rev.1994) addresses the filing of divorce complaints: If the defendant be a resident of this state, the complaint shall be filed in the county in which such defendant resides or may be found at the time, or in the county, of the…”
Nat'l Heritage Realty v. Est. of Boles, 947 So. 2d 238 (Miss. 2006).
· cites it 2× “The facts surrounding Boles's death met none of the requirements for filing a petition in Tallahatchie County.”
Peters v. Peters, 744 So. 2d 803 (Miss. Ct. App. 1999).
· cites it 2× “Miss. Code Ann. § 93-5-11 (Rev.1994). Daniel, a resident of Harrison County, Mississippi filed his divorce papers in Harrison County, as his wife Theresa lives in Virginia.”
Parks v. Parks, 914 So. 2d 337 (Miss. Ct. App. 2005).
· cites it 2× “Miss.Code Ann. § 93-5-11 (Rev.2004). The hearing regarding Kelli’s motion for temporary child support and child custody was held in the Yalobusha County Courthouse.”
Miller v. Miller, 323 So. 2d 533 (Miss. 1975).
· cites it 6× “Mississippi Code Annotated section 93-5-11 (1972) provides: The bill must be filed in the county in which the complainant resides, if the defendant be a non-resident of this state, or be absent, so that process cannot be served; and the manner of making such parties defendants…”
Bush v. Bush, 903 So. 2d 700 (Miss. 2005).
· cites it 4× “Accordingly, Nadine asserts that Simpson County lacks subject matter jurisdiction pursuant to Miss.Code Ann. § 93-5-11. We agree. If the defendant be a resident of this state, the complaint shall be filed in the county in which such defendant resides or may be found at the time,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.