How to Get a Mississippi Divorce While in the US Military

A military lifestyle can put serious strain on a marriage. Sometimes, this strain becomes so great that divorce is the only option. But what happens when you attempt to divorce while serving in the US military? What kinds of special considerations do you need to keep in mind? Is this process more difficult than a normal divorce? How do you complete your divorce while serving overseas? Let’s find out:

What Happens if I’m On Active Duty?

Things can get a little complicated if you’re on active duty. In this situation, federal law makes it impossible for your spouse to serve you with divorce papers. Once you return to civilian life, your spouse is still prohibited from serving you with the divorce papers for a further 60 days.

However, you can provide a written waiver to sidestep this barrier if you’d like to move forward with your divorce. If you agree that a divorce is in everyone’s best interests, federal law doesn’t need to stop your divorce from occurring.

What Are Mississippi’s Laws on Military Divorces?

Mississippi doesn’t have any specific laws that pertain to military divorces. In the eyes of the state, these divorces happen in exactly the same way as any other divorce.

The only thing you need to keep in mind is how federal laws affect your divorce. Perhaps the most notable example is how federal law protects your military pension.

In the United States, your spouse is not entitled to any share of your military pension unless the marriage has lasted more than 10 years. You should also know that child support and alimony cannot exceed 60% of your pay as a military service member.

Do I Need to Go Back Home to Carry Out My Divorce?

Generally speaking, it’s a good idea to wait until you come home to Mississippi in order to handle your divorce. But you don’t necessarily need to do this.

Military service members get access to free legal services provided by special military lawyers called judge advocates or “JAGs.” You can also get help from mediators while on active duty.

You should also know that the United States may not recognize your divorce if is filed overseas. While there’s nothing stopping you from doing this, your best bet is to file in your home state.

Will I Lose Benefits After Divorcing?

Some military benefits are specifically set aside for married couples, and you may lose access to these benefits if you divorce. For example, you could lose installation housing. You might also lose TRICARE benefits. Speak with experts to learn more about these benefits — including strategies to keep your benefits for months or even years even after divorce.

Where Can I Find a Qualified, Experienced Divorce Attorney in Mississippi?

If you’ve been searching for a Mississippi lawyer for a military divorce, look no further than Ballard Law, PLLC. With our help, you can handle your military divorce with a sense of confidence and efficiency. Book your consultation today to get started with a solid action plan.

Sources

1. https://www.militaryonesource.mil/relationships/separation-divorce/dealing-with-military-divorce/
2. https://www.military.com/money/retirement/military-retirement/understanding-divorce-in-the-military.html

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