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Leake County Divorce Records

How To Find a Divorce Record In Leake County in 2026

LeakeRecords.us provides access to publicly available information related to divorce records in Leake County, Mississippi. Members of the public may find case filing dates, party names, final decrees, and related court documents through official channels. Available record categories include dissolution of marriage filings, final judgments, property settlement agreements, child custody orders, and post-judgment modifications. Access and completeness of records may vary depending on the age of the case and applicable confidentiality provisions.

Records may be searched through the Leake County Chancery Clerk's office, the Mississippi State Department of Health Vital Records division, public access terminals at the courthouse, and select online tools. The following methods are available to members of the public seeking divorce records.

Online Searches

1. Mississippi State Department of Health – Vital Records

The Mississippi State Department of Health maintains a statewide divorce index for records from January 1, 1926, to the present. A five-year search is available to locate the county where the divorce was granted, along with the book and page number in the Chancery Clerk's office where the record is filed. This search does not provide a certified copy of the divorce decree but confirms the county of record.

2. Leake County Chancery Clerk – In-Office Case Search

The Chancery Clerk's office maintains the official case files for all divorce proceedings filed in Leake County. Members of the public may visit the office to search the index by party name or case number. Basic case information is available at no charge; fees apply for copies and certified documents.

3. Mississippi Electronic Courts (MEC)

The Mississippi Electronic Courts system provides online access to certain court filings. Access to family law cases may be limited depending on the nature of the case and applicable privacy rules under Mississippi Rule of Civil Procedure 5.1.

In-Person Searches

Leake County Chancery Clerk's Office

Leake County Chancery Clerk
Court Square, 101 Court Street
Carthage, MS 39051
Phone: (601) 267-7371
Leake County Official Website

  • Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
  • Services available:
    • Search case files by party name or case number
    • View documents at public access terminals
    • Request certified copies of final decrees
    • Staff assistance for locating records

By Mail

Members of the public may submit written requests to the Chancery Clerk's office. Mail requests should be directed to:

Leake County Chancery Clerk
P.O. Box 72
Carthage, MS 39051

Written requests should include the full names of both parties, the approximate date of the divorce, the case number if known, the requestor's contact information, and payment for applicable copy fees. A self-addressed stamped envelope should be included. Processing time is typically one to two weeks, depending on the volume of requests and whether the record requires retrieval from archives.

By Phone

The Chancery Clerk's office may be reached at (601) 267-7371. Staff can confirm whether a case exists, provide the case number, confirm case status, and verify the filing date. Detailed document information and copies of records cannot be provided by telephone.

Through Attorneys

An attorney licensed in Mississippi may access divorce case files on behalf of a client, including requesting documents that may require a showing of legitimate need. The Mississippi Bar Lawyer Referral Service can assist members of the public in locating qualified family law counsel.

Information Needed for Search

Essential Information:

  • Full legal names of both spouses at the time of the divorce
  • Maiden names, if applicable
  • Approximate date of the divorce or year of filing
  • Case number, if known

Helpful Information:

  • Date and location of marriage
  • Previous addresses in Leake County
  • Names of attorneys of record, if known

Search in Correct County

Under Mississippi Code § 93-5-11, divorce proceedings are filed in the chancery court of the county where either spouse resides at the time of filing. Members of the public who are uncertain of the county of filing may use the Mississippi State Department of Health's statewide divorce index to identify the correct county before requesting records.

Residency Requirement: At least one spouse must have been a resident of Mississippi for six months prior to filing, and the action must be filed in the county of that spouse's residence.

Time Considerations

  • Recent divorces: Cases finalized within the past several weeks may not yet be fully indexed. Members of the public should allow processing time after the final hearing before searching.
  • Older divorces: Records predating electronic filing may be stored in paper archives and may require additional retrieval time. Cases from before 1926 may not appear in the state vital records index.

What If You Cannot Find a Record

Common Issues:

  • The divorce was filed in a different county
  • Name variations between married and maiden names
  • Spelling differences in party names
  • The case is still pending and has not been finalized
  • Very old records stored in off-site archives
  • The case has been sealed by court order

Next Steps:

What Are Leake County Divorce Records?

Leake County divorce records are official court documents generated during and after divorce proceedings filed in the Leake County Chancery Court. These records constitute part of the permanent public court file and are maintained by the Chancery Clerk pursuant to Mississippi law.

Types of Divorce Records:

Court Case Files

  • Petition for divorce (complaint for divorce)
  • Summons and proof of service
  • Response or answer filed by the respondent
  • Financial affidavits and disclosure statements
  • Motions and court orders entered during the proceeding
  • Transcripts of court hearings (if prepared)
  • Final judgment of divorce

Final Decree

The final decree is the official court order dissolving the marriage. It is the primary legal document establishing:

  • The date the marriage was legally dissolved
  • Division of marital property and debts
  • Alimony or spousal support terms, if any
  • Child custody and visitation arrangements, if applicable
  • Child support orders, if applicable
  • Restoration of a former name, if requested

Certified copies of the final decree are available from the Chancery Clerk's office.

Supporting Documents

  • Marriage certificate (submitted as exhibit)
  • Financial disclosure documents
  • Property inventories and appraisals
  • Parenting plans and custody evaluations
  • Post-divorce modification orders

Who Maintains Divorce Records:

Chancery Clerk

The Leake County Chancery Clerk is the primary custodian of all divorce case files. The Clerk indexes records by party name and case number and provides certified copies upon request.

Mississippi State Department of Health

The Mississippi State Department of Health Vital Records division maintains a statewide divorce index but does not hold the complete case file. The state index provides location information only, directing requestors to the appropriate Chancery Clerk's office.

Legal Framework:

Divorce proceedings in Mississippi are governed by Mississippi Code § 93-5-1 et seq., which establishes the grounds for divorce, residency requirements, and procedural rules. Public access to court records is governed by the Mississippi Public Records Act, Mississippi Code § 25-61-1, which establishes a presumption of openness for government records, including court filings.

Are Leake County Divorce Records Public?

Divorce records filed in Leake County Chancery Court are public court records subject to the Mississippi Public Records Act. Members of the public may access basic case information and most filed documents without demonstrating a specific need. As the Mississippi Supreme Court has recognized, "court records are presumptively open to the public," subject to specific statutory or court-ordered exceptions.

What Is Public:

  • Case number and filing date
  • Names of both parties
  • Names of attorneys of record
  • Court hearing dates and docket entries
  • Court orders and judgments
  • Final divorce decree
  • Property division orders
  • General case status

What May Be Restricted:

Financial Information:

  • Social Security numbers (redacted from public filings)
  • Bank account numbers (redacted)
  • Detailed tax returns (may be filed under seal)

Children's Information:

  • Addresses where minor children reside
  • Schools children attend
  • Medical and psychological evaluations of children
  • Guardian ad litem reports (may be restricted)
  • Child custody evaluations (may be sealed)

Sensitive Personal Information:

  • Domestic violence allegations and supporting evidence
  • Mental health and substance abuse records
  • Personal addresses in cases involving protective orders

Sealed Records:

A court may seal specific documents or an entire case file upon a showing of good cause. Sealed records are not accessible to the general public without a court order. Parties seeking access to sealed records must file a motion with the Chancery Court and demonstrate a legitimate legal basis for access.

Who Can Access Records:

  • General public: May access most case information and obtain copies of public documents upon payment of applicable fees
  • Parties to the case: Have full access to their own case file, including documents that may be restricted from general public view
  • Attorneys: May access case files on behalf of clients and may petition the court for access to sealed materials
  • Researchers and media: May access public portions of case files; sealed records require court authorization

Prohibited Uses:

Members of the public who obtain divorce records may not use them for stalking, harassment, identity theft, or any purpose that violates a court-issued protective order.

How Much Does It Cost to Get Divorce Records in Leake County?

The Leake County Chancery Clerk charges standard fees for copies and certified documents in accordance with Mississippi law. Under Mississippi Code § 25-7-9, clerks of court are authorized to collect fees for copies and certifications.

Current Fee Schedule:

ServiceFee
Standard copy (per page)$0.50 per page
Certified copy of final decree$1.00 per page + $1.00 certification fee
Statewide divorce index search (MSDH)$17.00 per five-year search
Additional five-year search period$5.00 per period
  • Inspection of records: Members of the public may inspect public divorce records at the Chancery Clerk's office at no charge during regular business hours.
  • Electronic copies: Availability and fees for electronic copies vary; members of the public should contact the Chancery Clerk directly.
  • Payment methods: The Chancery Clerk's office accepts cash, money orders, and checks made payable to the Leake County Chancery Clerk. The Mississippi State Department of Health accepts payment through VitalChek for online and phone orders, including credit and debit cards.
  • Fee waivers: No statutory fee waiver provision applies to divorce record requests from the general public. Parties who are indigent and represented by counsel may petition the court for waiver of certain fees in active proceedings.

The Mississippi State Department of Health's vital records forms page provides downloadable request forms and current fee information for state-level record searches.

What's Included in Divorce Records in Leake County

A complete divorce case file maintained by the Leake County Chancery Clerk contains the following categories of documents.

Basic Case Information

Case Caption:

  • Case number assigned by the Chancery Court
  • Court name and division
  • Petitioner and respondent names
  • Judge assigned to the case
  • Attorneys of record for each party

Filing Information:

  • Date the petition was filed
  • Filing fees paid
  • Case type designation
  • Jurisdictional basis

Initial Pleadings

Petition for Divorce:

  • Petitioner's identifying information
  • Respondent's identifying information
  • Date and location of marriage
  • Date of separation, if applicable
  • Grounds for divorce (irreconcilable differences or fault-based grounds under Mississippi law)
  • Information regarding minor children, if any
  • Property and support claims
  • Relief requested by the petitioner

Response/Answer:

  • Respondent's position on the petition
  • Admissions or denials of allegations
  • Counterclaim for divorce, if filed
  • Respondent's requests for relief

Financial Affidavits:

  • Income from all sources
  • Monthly living expenses
  • Assets including real property, vehicles, bank accounts, investments, and personal property
  • Liabilities including mortgages, loans, and credit card debt

Property-Related Documents

  • Marital asset inventory with descriptions and estimated values
  • Debt inventory
  • Real property appraisals
  • Business valuations, if applicable
  • Expert reports on asset values

Children-Related Documents (If Applicable)

  • Parenting plan establishing legal and physical custody
  • Timesharing schedule including regular, holiday, and summer provisions
  • Child support calculation worksheet
  • Income information for both parties
  • Health insurance and childcare cost documentation
  • Child support order specifying amount, payment method, and schedule
  • Custody evaluations, if ordered by the court
  • Guardian ad litem reports, if a guardian was appointed

Support Documents

  • Alimony or spousal support order specifying type, amount, duration, and termination conditions
  • Income analysis supporting support determination

Settlement Documents

  • Marital Settlement Agreement, if the parties resolved issues by agreement, covering property division, debt allocation, spousal support, and child-related provisions
  • Mediation agreement, if the case was mediated

Court Orders and Judgments

  • Temporary orders entered during the pendency of the case
  • Final Judgment of Divorce containing the court's findings of fact, conclusions of law, and all final orders
  • Qualified Domestic Relations Order (QDRO), if retirement accounts were divided

Post-Judgment Documents (If Applicable)

  • Petitions to modify custody or support
  • Court orders on modification requests
  • Contempt motions and orders
  • Income deduction orders for support enforcement

What Is Typically Confidential or Sealed

  • Social Security numbers (redacted from all public filings)
  • Bank account numbers (redacted)
  • Children's residential addresses and school information
  • Domestic violence details (may be sealed upon motion)
  • Mental health evaluations (restricted access)
  • Substance abuse treatment records
  • Mediation communications (confidential by statute)
  • Settlement negotiations not incorporated into filed documents

How to Get Proof of Divorce in Leake County

Proof of divorce in Leake County is obtained through a certified copy of the Final Judgment of Divorce issued by the Leake County Chancery Clerk. A certified copy bears the court's official seal and the Clerk's certification, making it legally acceptable for purposes such as remarriage, name change, immigration proceedings, Social Security benefits, and estate matters.

Steps to Obtain a Certified Copy:

  1. Identify the case: Confirm the case number and filing county using the Mississippi State Department of Health divorce records search if the county is unknown.
  2. Contact the Chancery Clerk: Reach the Leake County Chancery Clerk at (601) 267-7371 to confirm the record is available and obtain current fee information.
  3. Submit a request in person or by mail: Provide the full names of both parties, the approximate date of divorce, and the case number if known. Include payment for applicable fees.
  4. Receive the certified copy: In-person requests are typically fulfilled the same day. Mail requests are processed within one to two weeks.

Leake County Chancery Clerk
101 Court Street
Carthage, MS 39051
Phone: (601) 267-7371
Leake County Official Website

Members of the public who need only to confirm that a divorce occurred—without obtaining a certified copy—may use the statewide index maintained by the Mississippi State Department of Health, which provides the county, book, and page number of the record for a search fee.

Can a Divorce Be Confidential in Leake County?

Divorce proceedings in Leake County are presumptively public, but certain records or entire case files may be made confidential under specific legal circumstances.

Circumstances Under Which Records May Be Sealed or Restricted:

  • Domestic violence cases: When a party has obtained a protective order or when disclosure of an address or personal information could endanger a party or child, the court may restrict access to specific documents or information.
  • Children's sensitive information: Psychological evaluations, guardian ad litem reports, and child custody evaluations may be restricted from general public access to protect the welfare of minor children.
  • Financial records: Tax returns, detailed bank records, and Social Security numbers are redacted from public filings as a matter of standard court practice.
  • Court-ordered sealing: Any party may petition the Chancery Court to seal specific documents or the entire case file upon a showing of good cause. The court applies a balancing test weighing the public interest in open records against the privacy interests of the parties.
  • Mediation communications: Under Mississippi law, communications made during court-ordered mediation are confidential and are not part of the public court record.

Members of the public seeking access to sealed records must file a motion with the Leake County Chancery Court and demonstrate a legitimate legal basis for access. The court rules on such requests on a case-by-case basis.

How Long Does Leake County Keep Divorce Records?

Leake County Chancery Court divorce records are maintained for extended periods in accordance with Mississippi court records retention requirements.

Retention Periods:

  • Final judgments and decrees: Permanent retention. Final divorce decrees are never destroyed and remain part of the permanent court record.
  • Complete case files: Retained for a minimum of ten years following the close of the case for most civil matters. Family law cases involving minor children may be retained longer due to the potential for post-judgment modification proceedings.
  • Paper records (pre-electronic filing): Older paper case files are retained in the Chancery Clerk's office or transferred to archival storage. Retrieval of archived records may require additional processing time.
  • Electronic records: Cases filed through the Mississippi Electronic Courts system are maintained in the electronic database and are accessible through the Clerk's office.
  • State vital records index: The Mississippi State Department of Health maintains its statewide divorce index for records from January 1, 1926, to the present, on a permanent basis.

Members of the public seeking records from cases filed many decades ago should contact the Leake County Chancery Clerk directly to confirm availability and retrieval procedures. The Mississippi Department of Archives and History may hold historical court records for very old cases.

Lookup Divorce Records in Leake County