Mississippi Divorce Attorneys Assisting Service Members and Civilians through a Divorce
Serving clients stationed at Columbus AFB, Camp Shelby, NS Pascagoula or any other U.S. military installation in MS
Given that divorce is the process of legally breaking apart a couple who had sworn to be united forever, it is naturally a painful and difficult process. Military members and their families face certain challenges that civilian couples do not, based on a myriad of factors. The divorce attorneys at Taylor, Jones & Taylor understand the complexity of military divorce proceedings, and they offer personalized attention for every client that passes through their doors.
Residency requirements for military divorce
Mississippi has a six month residency requirement for one of the parties before they can file a complaint for divorce. Service members can prove residency by getting a driver’s license and registering to vote in the state where they plan to file for divorce.
Service of process in Mississippi divorce
In a fault-based, also known as contested, divorce, one spouse typically serves the other a petition for divorce. In cases where the service member is the respondent, a special federal law called Servicemembers Civil Relief Act (SCRA) allows the service member to delay the case until they will be in a position to proceed with the case. In this way, the spouse of a member of the military cannot obtain a divorce by default simply because the service member is unable to respond due to deployment.
Dividing a military pension
The division of assets is a complicated process in most divorces, but military divorces have an additional layer of complexity due to the rules regarding when and how a military pension may be divided. Federal law provides protection for service members in the form of the Uniformed Services Former Spouses’ Protection Act (USFSPA). This law makes the service member’s pension an asset to be divided rather than counting it as income.
Service members who retire from the military after at least 20 years of service are eligible to receive a retirement pension for the rest of their lives. If a civilian is married to a service member for at least 10 years and if the dates of the marriage and military service overlap, they are entitled to half of the service members’ pension. The division of the pension is completely negotiable.
Child custody issues related to military divorce
Determining child custody is based on state law when the child is living in the United States. When the child has been living in a foreign country for more than six months prior to the filing of the petition for divorce, it can complicate the issue significantly. Upon determining proper jurisdiction, both parents can work out a custody and visitation agreement through a parenting plan agreement, or they can petition the court for a custody order.
The team at Taylor, Jones & Taylor is ready to work with each client to develop customized solutions that support them in achieving their goals for their divorce.
Offering strong advocacy throughout the military divorce process
Military divorce can be complicated, but you will not have to worry when you work with an experienced divorce attorney. The family law team at Taylor, Jones & Taylor guides you through all the details of military divorce and toward a more positive future. You may call 662-342-1300, or fill out this contact form to schedule a consultation today. The firm has been practicing in DeSoto County since 1964 with offices in Southaven, Hernando and Olive Branch, and serves families in and around Tupelo, Oxford, Grenada, Cleveland, Clarksdale and Batesville. How can we help today?