Best Military Divorce Lawyers in Texas

About Military Divorce Law in Texas, United States

Military divorce in Texas refers to the legal process by which a service member or their spouse legally separates and dissolves their marriage in accordance with both state law and the additional requirements set forth by federal law. Military divorces present unique challenges that differentiate them from civilian divorces, such as jurisdictional issues, division of military pensions, service obligations, deployment, and compliance with both the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses' Protection Act (USFSPA). Residents of Texas who are in the military or married to a service member must navigate both Texas family law and certain federal protections designed specifically for military families.

Why You May Need a Lawyer

Seeking legal help is especially important in military divorce cases because these matters can be far more complex than a standard divorce. Common situations where legal assistance is essential include:

• Determining the correct jurisdiction for filing for divorce, especially when frequent relocations or out-of-state postings are involved
• Ensuring compliance with federal laws that provide legal protections for active duty servicemembers
• Dividing military pensions, retirement benefits, and determining the portion (if any) available to the non-military spouse
• Enforcing child custody and visitation rights when one party is subject to deployment requirements
• Securing or contesting spousal and child support, considering military pay and allowances
• Navigating complex military regulations regarding health care benefits (TRICARE), housing, and other entitlements
• Drafting legal documents that fully address unique military life circumstances

Local Laws Overview

Military divorce in Texas is governed by both Texas Family Code and relevant federal statutes. Key aspects to understand include:

• Jurisdiction: Texas can have jurisdiction over the divorce if either spouse has been stationed in Texas or resided in the state for at least six months, with a residency of at least 90 days in the county where filing occurs.
• Servicemembers Civil Relief Act (SCRA): Provides protection from default judgments and allows servicemembers to postpone divorce proceedings during active duty.
• Uniformed Services Former Spouses' Protection Act (USFSPA): Governs the division of military retirement pay and outlines when and how a Texas court can divide military pensions.
• Division of Property: Texas is a community property state, but the way military pensions and benefits are divided is subject to both state and federal law. This often requires careful calculation and negotiation to ensure fairness and compliance.
• Child Custody and Visitation: Deployment and relocation can complicate standard custody arrangements, requiring special consideration and sometimes temporary modifications to court orders.
• Support Payments: Calculating child and spousal support may include basic pay, allowances for housing (BAH), subsistence (BAS), and special or incentive pays.
• Health and Commissary Benefits: The non-military spouse may retain certain benefits based on the length of the marriage and service, commonly known as the 20-20-20 rule (20 years of marriage, 20 years of military service, 20 years overlap).

Frequently Asked Questions

What is a military divorce and how is it different from a civilian divorce in Texas?

A military divorce is the dissolution of a marriage where at least one spouse is an active duty, reserve, or retired member of the U.S. Armed Forces. It differs from civilian divorce due to unique rules about jurisdiction, division of military benefits, deployment-related custody challenges, and additional federal laws that apply.

Which court has jurisdiction over my military divorce in Texas?

Jurisdiction depends on residency and where the service member is stationed. Typically, Texas courts have jurisdiction if one spouse has lived in Texas for at least six months and in the filing county for 90 days. Special rules apply for those stationed outside Texas but claiming Texas as their residence.

How does deployment affect divorce proceedings?

The Servicemembers Civil Relief Act (SCRA) allows active duty members to pause divorce proceedings if their military duties prevent them from participating in court. Courts generally accommodate deployment schedules when handling divorce cases.

How are military retirement benefits divided in a Texas divorce?

Under the USFSPA, Texas courts can treat military retirement pay as marital property and divide it accordingly. The actual percentage each spouse receives depends on the length of the marriage, years of service, and overlap between the two.

Can my spouse receive part of my military pension?

Yes, if the court awards it. The division depends on the number of years you were married and in the military, as well as how much of your service occurred during the marriage. The 10-10 rule allows direct payment from the Defense Finance and Accounting Service (DFAS) if you were married for at least 10 years overlapping with 10 years of service.

What happens to military health care benefits (TRICARE) after divorce?

A former spouse may qualify to continue TRICARE coverage if the marriage lasted at least 20 years, there were 20 years of military service, and the periods overlap by 20 years (the 20-20-20 rule). Otherwise, options are limited and coverage may end soon after divorce.

How is child custody determined when a parent is in the military?

Texas courts make custody determinations based on the best interests of the child. Courts may consider military obligations like deployments and relocations, and may put in place temporary custody plans or allow virtual visitation when necessary.

Do military members still have to pay child support while deployed?

Yes, child support obligations remain in force regardless of deployment. The court may use military pay and allowances to calculate support. Nonpayment can result in garnishment of military wages or other legal penalties.

Can I file for divorce in Texas if my spouse is stationed overseas?

Yes, you can file in Texas if you meet the residency requirements, even if your spouse is stationed abroad. Service of process and other notices must comply with special rules for overseas military members under federal and international law.

What legal protections do active duty members have during divorce?

The SCRA protects active duty members from default judgments, lets them request delays while on duty, and provides additional safeguards to ensure their rights are not prejudiced by their military obligations.

Additional Resources

For further support and information regarding military divorce in Texas, you may find the following resources helpful:

• Texas State Law Library - Guides on military family law
• Texas Legal Services Center - Military and Veterans Unit
• Military OneSource - Legal assistance for service members and families
• Legal Assistance Offices on Texas military bases or installations
• Defense Finance and Accounting Service (DFAS) - Information on military retirement and pay
• Texas bar associations with military law sections
• Local family law attorneys specializing in military divorces

Next Steps

If you are considering or facing a military divorce in Texas, start by gathering all relevant information about your marriage, finances, property, and military service records. Make a list of your questions and concerns, especially about benefits, custody, and support. Next, contact a Texas family law attorney with experience in military divorces to review your case and explain your rights and options. If you qualify, reach out to your local installation's Legal Assistance Office for guidance. Remember that acting early and being informed will help protect your interests and ensure a smoother divorce process.