Military divorce can be a complex and challenging process, especially in Texas, where unique legal issues exist. Today, we will discuss what is most important to know regarding military divorce in Texas. In addition, we will discuss residency requirements, service of process, child custody and support, and the division of military benefits. If you are looking to get a divorce and you or your spouse are in the military, consider contacting an attorney with experience in military divorce to ensure the proper guidelines are followed lawfully and that your legal rights remain protected and respected throughout the process. 

Considerations for Military Divorce in Texas

Divorce can be different if one or both spouses are in the military in Texas. Here are some ways military divorce differs from civilian divorce in Texas. These differences include the following:

• Residency requirements – In Texas, one spouse must have been a state resident for six months before filing for divorce. In addition, at least one spouse must have been a resident of the county they are filing from for 90 days. However, military personnel and their spouse may file for divorce in Texas in cases where the military spouse has been put on duty in Texas and the same county for those same periods. 

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Divorce rates among military couples are the highest among any profession. Some experts suggest that it is the stress associated with a career in the armed forces that can take a toll on a marriage. This is especially true for those who are deployed. If this is your current situation, there are things you need to consider, and a military divorce attorney can help you understand special protections to keep your benefits. The finances of divorce are often complicated, and special military benefits and rules add an extra layer of complexity.

Requirements and Protections

In a military divorce, there are unique considerations due to state and federal laws. In Texas, at least one of the spouses must have lived in the state of Texas for minimally six months prior to filing for divorce, and they must have been a resident of the county where they filed for at least three months. A service member who uses a Texas residence as a permanent address while serving meets both of these requirements. For military couples, there are two major federal acts that protect the rights of service members and their former spouses.

Servicemembers Civil Relief Act (SCRA)

SCRA is designed to protect active-duty service members from default judgments in civil court. Divorce papers must be served to an active-duty service member. If a military spouse is serving overseas, the process could be lengthier. Active-duty military members have an additional 90 days to respond to being served under SCRA. They can also ask the court for a continuance until they return from deployment.

Child custody is often one of the most complex elements of a divorce, and this is especially true for parents serving in the military. The prospect of being away from your child during deployment is difficult enough. Not knowing how deployment could affect your visitation rights is even more difficult.

Fortunately, Texas law contains provisions for deployed military parents that can help make their deployment’s effect on custody more straightforward, saving military members time and stress. As always, working with an experienced attorney is one of the best ways to ensure you have the time with your child to which you are entitled.

Who Does My Child Stay With When I am Deployed?

Texas law stipulates that a custodial parent who is deployed can ask the court to appoint another person as the child’s temporary custodial caregiver. The court will generally designate temporary custody to the noncustodial parent unless it is not in the child’s best interests.