Military divorce in Texas has unique aspects that set it apart from civilian divorces. One major difference is the Servicemembers Civil Relief Act (SCRA), which protects active-duty military members from certain legal proceedings, including divorce, while they are on active duty. This act allows service members to request a delay in divorce proceedings if their military duties prevent them from responding.
To qualify for a military divorce in Texas, either spouse must meet the state’s residency requirements. This means one spouse must have lived in Texas for at least six months and in the county where couples file for divorce for at least 90 days. This rule applies even if the military family stationed in Texas has a permanent home in another state.
Dividing assets and military benefits
Dividing assets in a military divorce can be complex due to the inclusion of military benefits. Texas follows community property laws, meaning that couples equally divide any assets acquired during the marriage. However, the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows states to treat military retirement pay as divisible property.
Military pensions are often among the most valuable assets in a military divorce. The “10/10 rule” under the USFSPA specifies that a former spouse married for at least 10 years, overlapping with 10 years of military service, receive their share of the pension directly from the Defense Finance and Accounting Service (DFAS). Other military benefits, such as the Thrift Savings Plan (TSP), can also be divided, but this requires a Qualified Domestic Relations Order (QDRO).
How child custody works
Child custody in a military divorce can be complex, especially when one or both parents are on active duty. Here are some key considerations:
- Family care plan: Military parents must create a family care plan that meets their children’s needs during deployments or relocations. Temporary custody arrangements are often necessary during deployments, with designated caregivers stepping in until the military parent returns.
- Relocation: Relocation due to military orders can complicate custody, as courts must balance the child’s best interests with the realities of military life. SCRA can allow parents to delay court proceedings if their duties prevent attendance.
- Parenting plan: Effective co-parenting and communication are crucial. Detailed parenting plans should account for deployments and relocations, including provisions for virtual contact when in-person visits aren’t possible.
State laws vary, but courts prioritize the child’s best interests while considering military families’ unique challenges.
An experienced law can make a difference
Navigating a military divorce can be challenging due to the unique laws and regulations involved. This is why working with a family law attorney with experience in military divorces is crucial. An experienced lawyer can help you understand your rights and ensure that all aspects of the divorce, including the division of military benefits, are appropriately handled.
