Serving Bexar, Comal, Kendall, Atascosa, Guadalupe, Medina, Travis, and Hays Counties

Military families face unique challenges during divorce, especially when deployments, frequent relocations, and federal laws come into play. Whether you’re stationed at Joint Base San Antonio, in the Austin area, or living overseas, understanding the special rules for military divorce in Texas is essential to protecting your rights and securing your future.

Residency Requirements for Military Divorce in Texas

In a civilian divorce, one spouse must be a Texas resident for at least six months before filing. Military members have more flexibility:

• You or your spouse can file in Texas if either of you is stationed here, even if you’re not a permanent resident.
• Service members stationed in Texas but claiming another state as their home of record can still file here if they meet certain requirements.

This means that military families in Bexar, Comal, Kendall, Atascosa, Guadalupe, Medina, Travis, and Hays Counties often have multiple options for where to file—sometimes making Texas the most favorable choice.

The Servicemembers Civil Relief Act (SCRA)

The SCRA provides protections for active-duty service members, including:

• Postponing court proceedings while on active duty
• Preventing default judgments if you’re unable to appear in court due to deployment
• Allowing time to focus on military obligations before addressing divorce matters

These protections ensure service members aren’t at a legal disadvantage due to their military duties.

Dividing Military Retirement and Benefits

Military pensions and benefits are often the most complex part of a military divorce. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA):

• Military retirement pay earned during the marriage is considered community property in Texas.
• Division of retirement benefits requires a court order, often a Military Pension Division Order (similar to a QDRO).
• The “10/10 Rule” allows the Defense Finance and Accounting Service (DFAS) to pay a former spouse directly if the marriage lasted at least 10 years, overlapping with 10 years of military service.

Other benefits—like the Survivor Benefit Plan (SBP) and TRICARE eligibility—may also be negotiable during divorce.

Child Custody and Deployment Issues

In Texas, child custody is referred to as conservatorship. For military parents, custody arrangements must account for:

• Deployments and temporary duty assignments
• Long-distance visitation schedules if one parent relocates
• Temporary custody transfers during deployment
• Communication arrangements (video calls, emails, etc.) while away

Courts in Bexar, Comal, Kendall, Atascosa, Guadalupe, Medina, Travis, and Hays Counties aim to create parenting plans that maintain stability for the child while respecting the service member’s duties.

Spousal Support in Military Divorce

Spousal maintenance (alimony) in military divorces follows Texas law, but certain military pay allowances—like Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) can be factored into income calculations. In some cases, temporary support may be ordered while the divorce is pending.

How Denis Law Group Can Help

At Denis Law Group, we understand the unique pressures military families face during divorce. We serve clients in Bexar, Comal, Kendall, Atascosa, Guadalupe, Medina, Travis, and Hays Counties and can help with:

• Determining the best place to file for divorce
• Navigating SCRA protections and court timelines
• Dividing military pensions and benefits
• Creating custody plans that work during and after deployment
• Protecting your rights in both military and civilian legal systems

Final Thoughts

Military divorce in Texas requires careful planning and knowledge of both state and federal law. With the right legal team, you can protect your rights, secure your benefits, and create a plan that supports your family’s future.