Yes, if you are a military service member stationed in Mississippi, you can file for divorce in the state, even if your spouse lives elsewhere. Our state’s laws allow either spouse to file for divorce if one spouse resides in the state or is stationed here.
Protection for active-duty personnel
Active-duty military personnel are protected from being served with divorce papers while on active duty and for 60 days after. This law ensures that service members are not divorced without their knowledge. However, a military spouse can choose to waive this protection and acknowledge the divorce petition.
Jurisdiction and applicable laws
Once you file for divorce in Mississippi, state laws will govern the proceedings. This includes the grounds for divorce, property division and issues related to child custody and support.
Division of military pensions
The division of military pensions falls under federal jurisdiction through the Uniformed Services Former Spouses Protection Act. To be eligible for a share of the military pension, the spouse must have been married to the service member for at least 10 years during their military service.
Child support and alimony
Mississippi law determines child support and alimony payments. However, these payments are capped and cannot exceed 60% of the military spouse’s pay and allowances.
Rights and benefits of divorced military spouses
Divorced military spouses may retain certain rights and benefits, such as medical care, commissary, exchange and theater privileges, depending on specific conditions. But, navigating a military divorce can seem complex. Knowing Mississippi’s laws and federal regulations can simplify the process.