Military Divorce in Texas

Military Divorce in Texas

Military divorce and property division in Texas can be complex due to the unique regulations that apply to military personnel and their families. Here are some key points to consider:

Jurisdiction: 

Texas has its own residency requirements for filing for divorce, which generally involves one spouse living in Texas for at least six months and in the county where the divorce is filed for at least 90 days. These rules can be affected by military service.

Service Members Civil Relief Act (SCRA): 

This federal law protects active-duty military members from being sued for divorce while they are on active duty. It allows service members to request a stay of legal proceedings, which can postpone the divorce case.

Grounds for Divorce: 

Texas is a no-fault divorce state, meaning either spouse can file for divorce based on insupportability (i.e., the marriage has become insupportable due to conflicts that cannot be resolved). Fault-based grounds also exist but are less common.

Military Retirement Benefits: 

Military retirement pay can be divided in divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement benefits as marital property subject to division, but only if certain conditions are met (e.g., the marriage lasted at least 10 years during the service).

Division Process: 

The court will usually divide property in a manner that it deems “just and right,” rather than equally. Factors considered may include the needs of the parties, education, earning potential, and other relevant circumstances.

Order of Payment for Benefits: 

If a spouse is awarded a portion of the military retirement, the division must be done according to the court’s orders. This often entails drawing from the service member’s retirement pay.

Additional Considerations

Child Support and Custody: Issues of child support and custody are handled separately but can intersect with property division and divorce proceedings.

Health Benefits: Divorced spouses may lose access to military health benefits, and factors like the 20/20/20 rule can determine eligibility for continued benefits.

Legal Assistance: Military members have access to legal assistance offices on base, which can help them navigate the complexities of military divorce.

Community Property Waivers: In some cases, you may choose to enter into a prenuptial or postnuptial agreement that could change the standard community property rules.

Navigating a military divorce and property division in Texas entails understanding both state laws and federal regulations that govern military personnel. It is often advisable to consult with an attorney who specializes in military divorce cases to ensure that all rights and benefits are protected. Book your appointment with the Denis Law Group today.