Military Divorce

A “military divorce” refers to the dissolution of marriage involving one or both spouses who are active-duty military personnel for service members, including members of the Air Force, National Guard, or reservists. In Texas, the right to obtain a divorce exists independently of the other spouse’s wishes, applying equally to both active duty service members and civilians.

While the overall divorce process remains consistent for both groups, military divorces are subject to additional requirements mandated by federal and state laws. These regulations aim to safeguard service members from potential disadvantages associated with their active duty status. However, these added requirements have also contributed to the complexity of the military divorce laws.

Military service requires immense dedication, often demanding long deployments and frequent relocations. These challenges can take a toll on military families, especially when faced with the additional strain of a divorce. Understanding the unique needs and complexities involved, our family law practice, staffed with experienced military divorce lawyers, can provide comprehensive legal guidance throughout the process. This support is particularly crucial when navigating the legalities specific to divorces involving a service member, such as deployment considerations, military benefits division, and potential housing allowances.

Guiding You Through the Military-Specific Issues You’ll Face During Divorce

Whether you’re a service member in North Texas or New York. Our family law attorneys have extensive experience handling military divorce to know that you’ll have to address more legal matters than the average civilian family. Our team understands your perspective, and our family practice attorneys can advise you throughout the entire process to address the important details you don’t want to overlook.

Our North Texas attorney team can educate you on these concerns and guide you in finding the divorce information you need to make wise decisions about legal separation for you and your family.

Our experienced military divorce attorneys at Warren & Associates, L.L.P. will walk through the whole process and provide the necessary legal advice, including the following factors that could impact your military divorce:

• Military retirement plans
• Powers of attorney;
• Post 9-11 GI Bill Education benefits;
• Survivor benefit plans;
• Thrift savings plan division, and
• The Service Members’ Civil Relief Act.

What are the Residency Requirements for Military Divorce in Texas?

To file for divorce in Texas, civilians must adhere to the residency mandate of residing in the state for 6 months and in the specific county where they intend to file for divorce for 90 days prior to initiating the process. However, active duty service members and their spouses have additional options available to meet residency requirements, which are not extended to civilians:

1. The service member or spouse meets the standard residency requirement applicable to civilians.
2. The permanent residence of the service member or spouse is in Texas, yet they are temporarily stationed or deployed elsewhere.
3. The permanent residence of the service member or spouse is in another state, but they are temporarily stationed within Texas.
4. The service member had a permanent residence in another state, was temporarily stationed in Texas, and subsequently deployed from Texas while still on the same deployment.

Fulfilling any of these conditions enables the service member or spouse to meet the residency requirement necessary for filing a military divorce case in Texas.

What Are the Differences in Serving Divorce Papers Between Civilian and Military Divorces?

In civilian divorces, the process begins with one spouse filing a Petition, followed by in-person service of divorce papers to the other spouse. However, in military divorces, in-person service is the sole option, which can be challenging for deployed service members, potentially delaying the process until their return. If both spouses agree on all issues, the deployed service member may sign a waiver of service, but this is only applicable for non-contested divorce cases.

After being served, civilians typically have slightly over 20 days to respond by filing an Answer, whereas military personnel have extended timelines to accommodate their active duty commitments. The Service Members Civil Relief Act (SCRA) grants active duty service members a stay of up to 90 days after their return from active duty, with notification to the court. This legislation also safeguards them from default judgments while on active duty. Alternatively, active duty service members may waive these protections to proceed with the divorce immediately.

How is Custody of a Child Determined in Texas & in a Military Divorce?

In Texas, custody is determined by “conservatorship,” where parents are either named sole managing conservators (sole custody) or joint managing conservators (shared custody). When appointed jointly, one parent has the exclusive right to determine the child’s primary residence.

The Texas Family Code presumes joint managing conservatorship is in the child’s best interest but can be overridden in family violence or neglect.

The Texas Family Code addresses situations where a military parent’s deployment, transfer, mobilization, or temporary duty to a location that is a “substantial distance” from their home affects their ability to fulfill parental duties. Special provisions allow for the quick establishment of a temporary court order appointing someone to designate the child’s primary residence while the military parent is away.

How is Child Support Calculated for Military and Civilian Parents in Texas?

Child support is determined uniformly for military and civilian parents in Texas per Chapter 154 of the Texas Family Code. This entails calculating child support based on a percentage of the obligated parent’s monthly net resources. The specific percentages are:

1. One child: 20% of net monthly income
2. Two children: 25% of net monthly income
3. Three children: 30% of net monthly income
4. Four children: 35% of net monthly income
5. Five children: 40% of net monthly income
6. Six or more children: Not less than the amount for 5 children

These calculations may be influenced by any existing child support obligations the paying parent has for children outside of the marriage. For precise calculations, individuals can utilize the child support calculator provided by the Office of the Attorney General’s website or contact our experienced military divorce lawyer.

Under What Circumstances is Spousal Support Available in Texas?

Spousal maintenance can be available in the following circumstances:

1. In instances of family violence, such as domestic violence, within two years preceding the divorce filing or during the pendency of the divorce proceedings.
2. If the seeking spouse is unable to generate sufficient income to meet their minimum reasonable needs due to a physical or mental disability.
3. For marriages enduring ten years or longer, if the seeking spouse cannot earn enough income to meet their minimum reasonable needs.
4. If the seeking spouse is the custodian of a child from the marriage requiring substantial care and supervision due to a physical or mental disability, impeding them from earning adequate income to provide for their minimum reasonable needs.

In military divorces, the aggregate support obligations are akin to those in civilian divorces. However, there’s a notable provision: the total support amount cannot surpass 60% of the active duty service member’s pay and allowances.

How is Property Divided in Military Divorce Cases?

In Texas, separate property owned by individuals is typically not subject to division, provided sufficient evidence is provided.

Community property, such as real estate, vehicles, and bank accounts, is subject to court division unless both parties agree on its distribution.

The main difference in military divorce proceedings lies in the distribution of military retirement benefits and health insurance benefits. Whether a non-military spouse can receive a portion of the service member’s retirement benefits, such as a military spouse’s pension, hinges on various factors, including the duration of the marriage and the service member’s active duty duration during the marriage. The service member may also provide healthcare coverage for a dependent spouse and minor children.

Whether you’re a military member committed in service to your country or a military spouse who has had to make many sacrifices for your family, we understand the upheaval you’re facing and our team at Warren & Migliaccio. can assist you with your military divorce and other family law issues.

 

Our Divorce Attorney Team Can Help with Your Military Divorce

Divorce can be a tough, lengthy and emotionally unsettling proposition. Add to it the demands and legal considerations, and the process can seem downright overwhelming. At Warren & Migliaccio, our family practice attorneys understand the concerns military families face during divorce and will work with you in efforts to achieve the case results you desire. Our North Texas divorce attorney team is here to get you and your children the things you need and deserve for a secure future. Contact us today at (888) 584-9614.