Texas Statute Aids Military Personnel and Their Spouses in Filing for Divorce

Divorce is a complex legal process in any situation, but the intricacies multiply significantly when one party is a military member or federal employee. Frequent relocations can complicate matters, making it challenging to meet the residency requirements outlined in the Texas Family Code for initiating a military divorce. Understanding these unique challenges is crucial for service members and their spouses as they navigate the divorce process.

The Texas Family Code mandates two primary criteria for divorce: a six-month state residency and a 90-day county residency where the divorce is filed. However, Section 6.303 offers an exception for military and federal employees, acknowledging their unique circumstances. This article will further examine how this exception impacts those in federal or military service seeking a divorce in Texas.

Domicile Exception: A Specific Provision for Military Members and Federal Employees

In a nutshell, the domicile exception allows military members or federal employees, who maintain Texas as their domicile or permanent home, to file for divorce in Texas even if they are serving outside the state. This means Texas serves as their intended place of return once their service assignments, which necessitate their absence from the state, conclude. This privilege extends to their spouses as well.

To better comprehend the mechanics of this exception, let’s envision a scenario involving a client named William. Before enlisting in the Army, William lived in Montgomery County, Texas, which he considered his domicile. However, his military obligations took him out of Texas, and he spent several years living elsewhere.

During one of his overseas assignments in Germany, he met and married Susan. Over time, the couple realized that their marriage was unsatisfactory. Despite his extended time outside Texas, William’s right to file for divorce in Montgomery County remains intact, thanks to the domicile exception, as his military service directly caused his absence.

The Advantages of the Residency Exception

This particular provision in the Texas Family Code empowers service members, federal employees, and their spouses to access Texas courts for divorce proceedings without the requirement of re-establishing their residency upon returning to the state.

It acknowledges the unique circumstances and challenges that these individuals, who may have to frequently relocate due to their professional commitments, face. The primary intent behind this exception is to ensure these public servants have unhindered access to the legal solutions they need for divorce, while taking into account the itinerant nature of their lives.

Legal Guidance and Considerations

Although the residency exception provides an amenable alternative for military members and federal employees seeking divorce in Texas, it is of utmost importance to accurately navigate the legal process. A seasoned Texas divorce attorney specializing in military divorces can be instrumental in helping you comprehend your legal rights and obligations. They can provide valuable insight into the specific requirements and considerations that are unique to military divorces, thereby empowering you to make informed decisions that protect your interests.

The Law Office of Bryan Fagan, PLLC, with its extensive experience in handling military divorce cases, is committed to delivering comprehensive legal representation to service members and their spouses. With our firm’s expertise, you can confidently traverse the complexities of divorce while leveraging the residency exception extended to military members and federal employees in Texas. To schedule a consultation and to secure the guidance you need during this challenging time, please do not hesitate to contact our firm.

Conclusion

Navigating a military divorce presents unique challenges that require careful consideration and specialized knowledge of both military and family law. The complexities of frequent relocations and specific residency requirements can make the divorce process more daunting for service members and their spouses. By seeking experienced legal guidance, individuals can ensure they understand their rights and obligations, ultimately leading to a fair resolution that respects the unique circumstances of military life. As they embark on this journey, prioritizing informed decision-making will empower them to move forward confidently into the next chapter of their lives.

If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”

Other Articles you may be interested in:

1. Preparation can help you get through a military divorce
2. Navigating the Post 9/11 GI Bill and Educational Benefits Post Military Divorce
3. The Impact of Infidelity on Military Divorces in Texas
4. Military Support Without a Court Order During a Divorce in Texas
5. How to Divorce a Spouse in the Military
6. Texas Divorce – Serving Military Personnel or their Spouse Worldwide
7. Roadmap of Basic Divorce Procedure in Texas
8. How Can I Get My Spouse to Pay My Attorney’s Fees in a Texas Divorce?
9. How am I going to Pay for My Texas Divorce?
10. Do military couples marry faster than other couples?
11. Military disability pay in a Texas divorce case
12. How VA Benefits are impacted in a Texas divorce

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.