When a marriage comes to an end, there is a common question that unfolds for the two spouses. This question is “can we file a divorce here?” In the state of Mississippi, the answer relies on residency. The Mississippi Code § 93‑5‑5 explains that, a connection to the state is required before a divorce can take place. Here’s why it matters, what it means, and how it works in real life.
The 6 Month Rule
When starting the divorce process, at least one of the spouses has to have been bona fide for at least six months before filing. Whether filing alone or with your spouse, Bona fide residency isn’t just about living in the state of Mississippi. The court judge may reflect residency to be considered under if the state is actually home for you. This could be by a valid Mississippi driver license, owning a property, or looming at where the spouse’s employment is. If the spouse moved to the state because of divorce, the judge will likely dismiss the case. The six month rule ensures fairness to natives in the state, and also makes it fair to the judge that is hearing the case to ensure a smooth transition.
Military Service: An Exception
As a military personnel that is active-duty stationed in Mississippi have qualification to be bona fide in the state. They only qualify if the separation happens while you are active in the state. Even if the spouse’s home is not in Mississippi, he or she can still qualify for divorce because of this rule. The exception can make it easier for active-duty spouses.
Why the Rules Matter
- Court Jurisdiction: Courts in Mississippi have legal authority to handle your case. Residency helps that connection.
- Fairness: Spouses shouldn’t be pushed into litigation in a state they don’t know the details of. Residency helps this.
- Limits: the 6-month rule eliminates the families that move to Mississippi just for divorce.
What if Only One Qualifies?
If in the case of only one of the spouses qualifying to filing, they are still eligible to have this action proceed. However, the court in this situation must have personal jurisdiction over the other spouse to make solutions to property, custody and or support. This means that the other spouse has little connection to Mississippi. This could be at the very least owning a business for a period of time.
Checklist Before Filing
If considering divorce and want to proceed, make sure you have this checklist before hand:
- Six-Month Residency
- Evidence of Residence
- Avoiding Residence- Loop Hole, don’t relocate just to file.
- Personal Authority- Be sure that the non-filing partner can be served or has ties to Mississippi
Summary of Residency in Divorce
Mississippi’s residency requirement for divorce is straightforward but essential. You must have a real connection to the state for at least six months before filing, unless you’re an active-duty military member stationed here. These rules exist to ensure fairness, proper jurisdiction, and to prevent abuse of the legal system. The state of Mississippi wants all of its divorce clients to feel happy and content about going through the process of separation.
At Gregory D. Keenum, PA, we assist clients in navigating residency issues and jurisdictional rules, so you can focus on resolving the divorce process with confidence and clarity. If you’re unsure whether you qualify to file in Mississippi, or if your spouse lives elsewhere, we’re here to help. We want you to feel comfortable in the process of divorce and we want to make separation feel easy. If you’re struggling with residency during a divorce contact us today for the free consultation.