No divorce is easy, but additional legal hurdles exist when you or your spouse serve in the military. While state laws dictate most of the terms of the divorce process, there are also federal laws to consider. Failing to account for these laws or not understanding them can prolong the process and lead to an undesirable outcome.
If you are getting divorced and you or your spouse serve in the armed forces, BB Law Group PLLC can help. Our The Woodlands military divorce attorneys understand the special challenges of these cases and can help you through them. This blog outlines how to file for divorce in the military, the unique elements of these cases, and how our military divorce lawyers can help you.
Steps to File for a Military Divorce in Texas
Let’s walk through the main steps of the military divorce process in Texas so you know what you can expect:
Meeting Residency Requirements
To start a military divorce in Texas, you or your spouse must meet the residency requirements under state law. Usually, this means you or your spouse must have been a legal resident of Texas for at least six months and in a specific county for 90 days. But there are more options for military families. If one of you is stationed outside Texas but considers it your permanent home or is temporarily stationed in Texas, you can still file for divorce here.
Filing and Serving Divorce Papers
Once you know how to file for divorce in the military and can file in Texas, one spouse starts the process by filing divorce papers with the court. Then, the other spouse needs to get these papers in person. This step can be tricky for military members, especially during overseas deployments. It might take a while, or in some cases, it might need to wait until they return. If both spouses agree on all the divorce details, a service member deployed overseas can sign a paper to skip this step.
Responding to the Divorce Documents
After getting the divorce papers, the spouse has 20 days to respond if they’re a civilian. If the spouse does not respond on time, the other spouse can pursue a “default judgment,” which means the spouse who did not respond loses their right to contest the divorce. But active duty service members have special rights under the Servicemembers Civil Relief Act (SCRA) that let them delay dealing with civil cases while on active duty and for up to 90 days after returning. This law ensures service members can focus on their duties without worrying about divorce proceedings back home.
Dividing Property and Benefits
In Texas, the community property model typically splits everything you and your spouse own together evenly in a divorce. However, there are special rules for the division of property for military families, including military retirement pay and health benefits. If one spouse served in the military for at least 10 years during the marriage, the non-military spouse may be entitled to a portion of the retiree’s pension. TRICARE health benefits may extend to service member’s spouses based on marriage length and military service duration.
Deciding on Child Custody and Support
Texas courts want both parents involved in their children’s lives, if possible, whether or not they’re in the military. The courts will decide who the child lives with and how both parents will make crucial decisions for the child. If a military parent must move for duty, Texas laws ensure they can still participate in their child’s life. Child support amounts are based on each parent’s income and the number of children. Military or not, the rules are the same.
Determining Spousal Support (Alimony)
In Texas, spousal support (alimony) isn’t guaranteed, but you might get it if you’ve been married a long time, can’t support yourself, or need to care for a child with special needs. In military divorces, spousal and child support cannot exceed 60% of the service member’s income.
How We Can Help You in a Military Divorce
The mix of state and federal laws that apply to military divorces can complicate the process, making it challenging to work through a divorce yourself. By working with our Texas military divorce attorneys, you can protect your rights, make the process faster and easier on yourself, and avoid legal hiccups. You have sacrificed much for your country, so let us shoulder this burden. Contact BB Law Group PLLC by calling (832) 534-2589 for a consultation, or you can reach us online. The attorneys in our law firm have the legal knowledge and proven track record to assist and help you with your case.
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