Mississippi Divorce FAQ — Most Common Questions (2026)

The Basics

Why do both spouses have to sign the complaint in Mississippi? Mississippi's no-fault ground (irreconcilable differences) requires a joint complaint — both spouses sign as co-complainants. This is unique to Mississippi. The legislature designed it to require mutual consent for a no-fault divorce. If one spouse won't sign, you must use a fault ground.

What if my spouse refuses to sign a joint complaint? You must file a fault-based Complaint using one of Mississippi's 12 statutory grounds. The most commonly used are adultery and habitual cruel and inhuman treatment. Fault grounds require evidence and typically require a contested hearing — consult a Mississippi attorney.

Why does Mississippi use Chancery Court instead of Circuit Court? Mississippi's court system divides jurisdiction differently than most states. Equity matters — including divorce, custody, and property — are handled by the Chancery Court. Filing in Circuit Court will result in dismissal.

Costs and Fees

Why is Mississippi's filing fee so low ($52–$100)? Mississippi sets court fees by statute and they have not been significantly increased in decades. The low fees reflect Mississippi's low cost of living and policy choices — not a reduced level of service.

Property and Support

Does Mississippi divide everything 50/50? No. Mississippi is an equitable distribution state — the Chancery Court divides marital property fairly based on the Ferguson factors, which is not automatically 50/50. In agreed (joint complaint) cases, the PSA controls the split.

Does fault affect property division? Fault does not directly affect property division under the Ferguson factors. However, fault can significantly affect alimony — a spouse who committed adultery may be denied alimony or have it reduced.

When does child support end in Mississippi? Mississippi child support continues until the child turns 21 — one of the longest durations in the US. This is often surprising to out-of-state parents.

What percentage does Mississippi use for child support? The percentage of the non-custodial parent's adjusted gross income: 14% for one child, 20% for two children, 22% for three, 24% for four, 26% for five or more.

Last reviewed: March 2026 | Joint complaint required for irreconcilable differences | Chancery Court — not Circuit Court | $52–$100 lowest US fees | Equitable distribution (Ferguson factors) | Fault affects alimony | Child support ends at 21 | 14–26% of adjusted gross income | mslegalservices.org

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