10 Mississippi Divorce Mistakes to Avoid (2026)

Mistake #1 — Filing in Circuit Court Instead of Chancery Court

This is the most critical Mississippi-specific mistake. Mississippi divorces are filed in Chancery Court — not Circuit Court. If you file in the wrong court, the case will be dismissed and you'll have to start over.

Fix: Always file in the Chancery Court in the county where either spouse has lived for 6 months. The Chancery Court Clerk handles divorce filings.

Mistake #2 — Filing a Joint Complaint Without Both Spouses' Signatures

The joint (irreconcilable differences) complaint requires both spouses to sign. Filing with only one signature is a defective filing — the irreconcilable differences ground cannot be used unless both sign.

Fix: Both spouses must sign the Joint Complaint before filing. If your spouse refuses, a fault ground is your only option.

Mistake #3 — Filing Before the Property Settlement Agreement Is Complete

In a joint divorce, the PSA must be complete and signed before or at the time of filing. Many filers try to file the complaint and finalize the PSA separately — but Mississippi's joint complaint process requires both documents together.

Fix: Finalize, sign, and notarize the PSA before going to the Chancery Court to file. Bring the signed PSA with the Joint Complaint.

Mistake #4 — Expecting Child Support to End at 18

Mississippi's child support ends at age 21 — one of the longest durations in the country. Many people plan based on the common age-18 rule from other states and are surprised.

Fix: Factor in child support through age 21 in your financial planning. Include the correct end age in the PSA's child support provisions.

Mistake #5 — Ignoring Fault When It Affects Alimony

Mississippi is one of the states where fault conduct — adultery, habitual cruelty, desertion — can significantly affect alimony. A spouse who committed adultery may be denied alimony even if they otherwise qualify financially.

Fix: If fault is a factor in your case, understand how it affects alimony before agreeing to alimony terms in the PSA. An attorney consultation is advisable.

Mistake #6 — Using the Wrong Child Support Percentage

Mississippi uses a percentage of income model — 14% for one child, 20% for two, 22% for three, 24% for four, 26% for five or more — applied to the non-custodial parent's adjusted gross income (not gross income). Many people use gross income by mistake.

Fix: Calculate adjusted gross income (gross minus taxes, Social Security, Medicare, prior court-ordered support) before applying the percentage.

Mistake #7 — Recording the Deed at the Wrong Office

Mississippi real property records are maintained by the County Chancery Clerk — the same office where divorces are filed. Some people mistakenly try to record at a separate County Recorder's office (Mississippi doesn't have one as a separate office).

Fix: Record all deeds at the County Chancery Clerk of the county where the property is located. The Chancery Clerk handles both divorce filings and real property records.

Mistake #8 — Incomplete PSA — Not Addressing All Debts

A PSA that divides assets but ignores specific debts leaves both parties potentially liable. Creditors are not bound by the PSA — if your ex-spouse doesn't pay a joint debt they assumed, creditors can still come after you.

Fix: List every joint debt with creditor name, account number, balance, who assumes it, and indemnification language. Leave no debt unaddressed.

Mistake #9 — Skipping the QDRO

Many people assume the PSA or Decree alone transfers retirement benefits. It does not. Employer-sponsored retirement plans (401k, pension) require a separate QDRO after the Decree is entered.

Fix: After the Decree, work with a QDRO specialist. File the QDRO with the plan administrator. For Mississippi PERS, contact PERS directly for their specific domestic relations order procedures.

Mistake #10 — Not Updating Beneficiary Designations

The Decree does not automatically change beneficiary designations on life insurance, retirement accounts, or payable-on-death accounts.

Fix: Update all beneficiary designations immediately after the Decree is entered.

Last reviewed: March 2026 | Chancery Court — not Circuit Court | Both must sign joint complaint | PSA before filing | Child support ends at 21 | Fault affects alimony | Adjusted gross income for child support | Chancery Clerk for deed recording

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.