A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.

Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.

Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.

In Mississippi, a spouse seeking to file for divorce must adhere to specific residency requirements. According to Mississippi Code Section 93-5-5, at least one of the spouses must have been a resident of the state for a minimum of six months prior to filing for divorce. The divorce should be filed in the Chancery Court of the county where either the filing spouse resides, if the defendant is a non-resident of Mississippi, or in the county where the defendant resides if they are a Mississippi resident. If the defendant has moved from the state, the filing spouse can file in the county of their own residence. When minor children are involved, additional considerations may apply, and the residency requirement may affect the jurisdiction over child custody matters. It is important to consult with an attorney to understand how these laws may apply to individual circumstances, especially when children are involved.