A military divorce is just as complicated as a civilian divorce. There are, however, special requirements and rules that apply to service members and their spouses when they divorce. This is because while most divorces only involve state law, military divorces also involve federal law in addition to the law of a state like Mississippi. What does this hodgepodge of state law and federal law mean? It means that there are some issues that must be given special attention in a military divorce.
First of all, military family law sometimes restricts when a divorce involving a service member can be filed. A service member cannot begin or be the subject of divorce proceedings while he or she is on active duty. Further, a court may rule that a service member cannot begin or be the subject of divorce proceedings for 60 days following active duty. This allows service members to concentrate on defending our country.
In order for any court to hear a divorce case, it must have jurisdiction over the case. For civilians, the court in the place where the person lives usually has jurisdiction over a divorce involving that person. For service members, a court may also have jurisdiction if it is in the area where the person has legal residence, even if the person physically lives elsewhere.
Mississippi allows service members to file for divorce here if the service member is stationed here. Like everyone else, service members or their spouses must have been a resident of the Magnolia State for six months before they can file for divorce here.