To successfully conclude a divorce in Texas, couples must adhere to specific procedures for the Court to approve it. While military divorces share similarities with civilian divorces, families with an active-duty military spouse must navigate additional considerations. These may include addressing issues related to deployment, military benefits, and jurisdictional matters. All of which can significantly impact the divorce process.
Understanding the nuances of military divorce proceedings is essential for achieving a fair and satisfactory resolution for all parties involved. Additionally, ensuring compliance with relevant laws and regulations plays a crucial role in this process. With proper guidance and preparation, couples can navigate the complexities of military divorce papers effectively. Ultimately, they can successfully transition to the next chapter of their lives.
The Houston divorce lawyers with the Law Office of Bryan Fagan, PLLC would like to take this opportunity to thank our military men and women for their service to our country. We also want to provide important information about the military divorce process.
Filing Requirements
To file for divorce in Texas, the general rule is that at least one party must:
- be a resident of the State of Texas for at least six months prior to filing for divorce and
- must also be a resident of the county in which they’ve filed for at least ninety days.
When a couple lives away from Texas though, this can complicate things. Active duty military members often find it challenging to establish residency in the state where they are stationed due to sudden deployments.
Texas Retains Jurisdiction of its Service Members
The key factor is where the filing party believes their permanent home is. If they consider it to be in Texas and intend to return after their deployment, they can file for divorce in Texas. The same residency factors still apply in this case.
Service of Divorce Papers
Even if the recipient is an active duty member of the military, divorce papers still require personal service. However, the recipient can opt to sign a waiver of service form, acknowledging their right to personal service but choosing to waive it.
A person may be willing to sign such a form if they believe they will enter into a settlement with their spouse. As a result, they may feel that they do not need to assert any cause of action or defenses against the divorce suit filed by their spouse.
Service Members Civil Relief Act
The Service Members Civil Relief Act also shields active duty members of the military from facing default for failing to respond to a divorce petition. The way this works is that:
- divorce proceedings are basically postponed for as long as they are considered active duty members of the military and
- up to sixty days after that.
Dividing Property
In terms of dividing the marital estate, the same rules that apply to civilians also apply to members of the military. However, certain federal laws govern military retirement accounts.
A divorcing couple generally needs to have been married for at least ten years while the military member served on active duty. This requirement allows a dependent spouse to receive a percentage disbursement from the military retirement account.
Again, federal law has specific guidelines for the division and disbursement of the military retirement fund. An experienced attorney in handling military divorces, such as those with the Law Office of Bryan Fagan, PLLC, can best manage and structure this portion of a divorce to ensure that any settlement as to military retirement funds is both satisfactory to their client and the military itself.
Child Support
Child Support is capped for members of the military at 60% of a soldier or sailor’s pay and allowances.
Where will the Children Live?
The custodial or non-custodial parent may often wonder about the consequences of being deployed. Specifically, they may think about how deployment affects their scheduled visitation time granted in the divorce.
If their children do not reside with them during deployment and instead stay in Texas, the service member may request the court to name a temporary custodial parent until they return home.
By the same token, if the parent with visitation rights finds him or herself in a similar situation where their military commitments interfere with their visitation schedule they too can name a temporary party to use their visitation time until their time of service ends.
The court will assess the particular situation of the parties and assign temporary custodial rights accordingly. In many situations, one parent is able to stay behind in the United States while the other parent is abroad. Most courts prefer to grant the active duty parent’s time to the other parent unless evidence shows that doing so is not in the children’s best interests.
Navigating divorce with competent representation
Serving in the military is a badge of honor for Americans, but when marital issues arise, divorce becomes a pressing concern. Members of the armed forces navigating divorce must prioritize legal representation to safeguard their rights, assets, and time with their children.
At the Law Office of Bryan Fagan, PLLC, we hold a profound respect for military personnel and recognize the unique challenges they encounter. Our attorneys possess the expertise to provide adept guidance in these matters. We urge any service member seeking clarity on military divorce papers to connect with us for a complimentary consultation, where they can gain invaluable insights into their legal standing and options.
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Frequently Asked Questions
Divorcing someone in the military involves specific considerations. You’ll need to follow legal procedures and address unique challenges such as jurisdiction, serving divorce papers, and division of military benefits. Consulting a legal expert experienced in military divorces is recommended.
The duration of a military divorce can vary. Factors such as the complexity of the case, jurisdictional issues, and the willingness of both parties to cooperate influence the timeline. An experienced attorney can provide a more accurate estimate based on your situation.
Serving divorce papers to military personnel requires compliance with federal laws, including the Soldiers and Sailors Civil Relief Act. This act protects active-duty service members from default judgments during deployment. Consult with a legal professional to ensure proper service while adhering to these regulations.
No, the military does not cover the costs of a divorce. Individuals typically bear the expenses associated with divorce, including legal fees.
The financial support a military spouse receives after divorce can depend on various factors, including the length of the marriage, state laws, and any agreements reached during the divorce proceedings. Spousal support, also known as alimony, may be considered to ensure a fair distribution of assets.
No, the military cannot deny a divorce. Civilian courts handle divorce proceedings, and the military does not have authority over the dissolution of a marriage. However, military regulations might impact certain aspects of the divorce, such as the division of military benefits.
The 10-year military rule requires couples to have been married for at least 10 years while one spouse serves on active duty to qualify for a division of military retirement benefits as part of the divorce settlement.
In a military divorce involving a 10-year marriage, one spouse has served in the military for the entire duration of the marriage, which lasts at least 10 years. This duration is significant as it affects the eligibility for the division of military retirement benefits in the divorce.
While the specifics can vary based on state laws and military regulations, dating while legally separated in the military might have implications for various aspects of the divorce process, including child custody arrangements and property division. It’s advisable to consult with an attorney before pursuing new relationships during this period.
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.
