Is it hard to get a divorce in the military?

Many believe military service members face unique rules when pursuing divorce. While military life differs significantly from civilian life, the Texas Family Code applies the same divorce requirements to both groups. Understanding this can simplify the process and help set realistic expectations.

Divorce Requirements for Military Families

Military members and their spouses must meet the same divorce requirements as civilians in Texas. The Family Code does not differentiate between the two groups. While this ensures fairness, military families often face additional logistical challenges due to deployments or overseas postings. Planning becomes crucial when circumstances prevent regular communication or court appearances.

Jurisdiction and Residency

For a Texas court to handle your divorce, you or your spouse must meet residency requirements. This means at least one of you must have lived in Texas for six months and in the county where you plan to file for 90 days. Military service members can use their home of record or the state where they are stationed as their residency.

Deployment Challenges

Deployments and assignments abroad can complicate communication and access to legal resources. However, military divorces are not impossible. Clear planning and intentional actions are vital. Military members should work closely with their attorneys to ensure they meet deadlines and file the necessary paperwork.

Importance of a Thoughtful Approach

Successful divorces require more than meeting basic requirements. Military families should focus on clear goals and careful planning to address the unique challenges of their circumstances.

Set Clear Goals

Creating meaningful goals is crucial. Write down your objectives for custody, property division, or any other significant matters. Ensure these goals are specific, measurable, and achievable within a reasonable timeframe. For instance, if you aim to maintain joint custody, outline the steps to achieve that arrangement.

Avoid Autopilot Decisions

It can be tempting to assume that hiring a good attorney or having minimal assets will simplify your divorce. However, taking an active role in the process ensures better outcomes. Work closely with your legal counsel to stay informed and involved in every decision.

Custody Considerations in Military Divorces

Custody arrangements often present the most significant challenge in military divorces. Judges prioritise stability and continuity for children, which can disadvantage deployed service members.

Parental Roles and Custody Decisions

Courts typically maintain existing parental roles when determining custody. For example, a spouse who has been the primary caregiver is more likely to retain that role. A deployed parent may find it challenging to argue for primary conservatorship, even if they are a committed parent. Judges base their decisions on the child’s best interests, which often align with maintaining current caregiving arrangements.

Deployment’s Impact on Custody

For younger children, daily care—such as preparing meals and overseeing homework—weighs heavily in custody decisions. If you’re frequently away due to military obligations, you may need to consider alternative arrangements, such as appointing a relative as the temporary primary caregiver. Discuss these options with your attorney to create a plan that supports your children’s needs while respecting your service commitments.

Encouraging Flexibility

If primary conservatorship is unrealistic due to your military obligations, focus on securing meaningful visitation rights or crafting a flexible custody arrangement. For example, technology can play a role in maintaining connections through video calls or shared activities during extended visits.

Addressing Gender Bias Concerns

Many fathers worry that courts favour mothers in custody decisions. While the Texas Family Code does not explicitly prefer one parent over the other, practical factors often result in mothers being named primary conservators. This is particularly true if the mother has been the primary caregiver during the marriage.

Building a Strong Case

If you aim to become the primary conservator, demonstrate your ability to meet your children’s daily needs. This includes having a stable home environment, a clear schedule for parenting responsibilities, and a willingness to adjust your lifestyle to prioritise your children. Judges assess your involvement and commitment rather than your gender.

The Child’s Voice in Custody Cases

Children’s preferences can influence custody decisions, especially if they are older. In Texas, children aged 12 or older can express their wishes to the judge. This doesn’t guarantee the child’s preference will determine the outcome, but it becomes a significant consideration.

Preparing for Child Interviews

If your child will speak to the judge, prepare them for the process without coaching or pressuring them. The judge’s primary focus will be on understanding the child’s perspective while ensuring the decision serves their best interests. Discuss this step with your attorney to ensure it aligns with your case strategy.

Property Division in Military Divorces

Texas follows community property laws, meaning most assets acquired during the marriage are divided equally. Military benefits, including pensions and retirement accounts, are subject to division.

Understanding Military Benefits

Military pensions can be a complex aspect of property division. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as community property. Factors such as the length of the marriage and the overlap with military service will influence the division.

Survivor Benefit Plan (SBP)

The SBP provides ongoing income to a former spouse if the service member passes away. Including SBP coverage in your divorce decree ensures financial stability for your spouse and children. Work with your attorney to understand the costs and benefits of this option.

Support for Military Families

Divorce is a challenging process, but support is available for military families. Legal assistance offices on military bases can provide guidance and referrals. Additionally, the Servicemembers Civil Relief Act (SCRA) offers protections for active-duty service members, such as delaying court proceedings to prevent default judgments.

Take Advantage of Resources

Consult your base’s legal assistance office or a family law attorney experienced in military divorces. These professionals can guide you through jurisdictional issues, benefit calculations, and custody arrangements tailored to your unique situation.

Preparing for Life After Divorce

Divorce marks a significant life transition. Planning for the future helps ensure stability for you and your children.

Focus on Long-Term Goals

Think beyond the immediate challenges of divorce. Set goals that align with your vision for your family’s future. Whether it involves career advancement, relocation, or new custody arrangements, having a clear plan provides direction.

Prioritise Communication

Open and respectful communication with your co-parent lays the groundwork for a healthier post-divorce relationship. Even if your divorce is contentious, finding ways to collaborate on parenting decisions benefits your children.

Seeking Professional Guidance

If you have questions or need assistance, consult experienced family law attorneys who understand the unique challenges military families face. Legal professionals can help you protect your rights and navigate the divorce process effectively.

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Other Articles you may be interested in:

1. The division of military benefits in a Texas Divorce, Part Two
2. Military Divorces: Essential knowledge for Texas residents
3. The United States Supreme Court Answers a Question about Military Retirement Benefits
4. Military Divorces in Texas
5. Essential Information for Military Divorces in Texas
6. Military Support Without a Court Order During a Divorce in Texas
7. How to Divorce a Spouse in the Military
8. Texas Divorce – Serving Military Personnel or their Spouse Worldwide
9. Texas Statute Aids Military Personnel and Their Spouses in Filing for Divorce
10. Roadmap of Basic Divorce Procedure in Texas
11. How Can I Get My Spouse to Pay My Attorney’s Fees in a Texas Divorce?
12. How am I going to Pay for My Texas Divorce?
13. Should I Hide Money from my Spouse to Get Ready for my Texas Divorce?

Law Office of Bryan Fagan, PLLC | Houston Texas Military Divorce Lawyer

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with a Houston Texas military Divorce Lawyer right away to protect your rights.

A military divorce lawyer in Houston TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.

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.