Both federal and state laws govern military divorce. This raises the question of where a military divorce should happen. This is because different states have different divorce laws. Service members in Mississippi and their spouses should be aware that Mississippi may be the state where their divorce case could be filed, but, depending on the circumstances, the case could also be filed in another state under military family law.
Generally, in order for a service member or their spouse to file for divorce in a certain state, at least one of three things must be true. First, the state is where the filing spouse lives. Second, the state is where the service member is stationed. Or third, the state is where the service member claims legal residency.
If Mississippi is the state where the filing spouse lives and where the service member is stationed and where the service member claims legal residency, then Mississippi is probably where the divorce will need to be filed. But, if the answer to any of these questions is a state other than Mississippi, then that other state could be an alternative place to file the divorce.
Since state law controls many aspects of a divorce, such as grounds for divorce, child custody, child support and property distribution, our readers in Mississippi will probably want to be aware of all of their options when it comes to where they can file for divorce and what state laws will govern their divorce based on where it is filed.