Military divorce can be more complex than civilian divorce, as it involves unique laws and regulations tailored for service members and their families. If you’re considering a military divorce in Texas, this article covers everything you need to know, including the Texas Family Code’s relevant statutes, to help you make informed decisions. We’ll also explore how Turner Monahan PLLC can support you through this process with dedicated and experienced attorneys.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Makes Military Divorce Different?
Unlike civilian divorce, military divorce includes additional factors due to federal laws and military benefits. Military service impacts everything from jurisdiction to asset division and even spousal maintenance, creating a complex legal landscape. Here are some of the main differences:
Jurisdiction and Residency Requirements
Military families often relocate, which makes jurisdiction complicated. In Texas, either spouse must meet the state’s residency requirement to file for divorce. The Texas Family Code Sec. 6.301 states that to file in Texas, one spouse must have been a resident of the state for at least six months and a resident of the county for 90 days. This applies to military families stationed in Texas, even if they have a permanent home in another state.
Service of Process and the Servicemembers Civil Relief Act (SCRA)
The SCRA protects active duty service members from certain legal proceedings, including divorce, while on active duty. This act allows a service member to request a delay in divorce proceedings if their military duties prevent them from responding. Turner Monahan’s experienced attorneys ensure that these protections are fully understood and applied correctly, providing a fair and balanced approach to military divorce cases.
Divorce Asset Split and Military Benefits
Asset division is one of the most critical parts of a divorce, particularly with military pensions and benefits involved. In Texas, community property laws apply to divorce proceedings, meaning that any assets acquired during the marriage are generally divided equally. However, military pensions are governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows states to treat military retirement pay as divisible property. The Texas Family Code Sec. 7.001 also provides that property must be divided in a “just and right” manner. Turner Monahan PLLC offers tailored services for prenuptial and postnuptial agreements, ensuring that these complex assets are accounted for and divided fairly.
Child Custody and Support in Military Divorce
Child custody is often complicated in military divorces due to the possibility of deployments, relocations, and other service-related duties. Texas Family Code provisions, specifically Sec. 153.134, address joint managing conservatorships, which allow for customized parenting plans that take military responsibilities into account. Military parents may also request a temporary modification of custody orders during deployment to provide stability for their children.
Spousal Maintenance in Military Divorce
Spousal maintenance, or alimony, can be awarded in Texas under specific circumstances, as outlined in Texas Family Code Sec. 8.051. In military divorces, maintenance can be impacted by military allowances and benefits. Service members may receive housing allowances, hazard pay, or other benefits that factor into spousal maintenance. Turner Monahan’s attorneys consider these allowances when advocating for fair support arrangements.
Unique Scenarios in Military Divorce
Deployment During Divorce
If a service member is deployed, divorce proceedings may be postponed until they return, thanks to protections under the SCRA. This delay can prevent default judgments against active-duty members and ensure they have a fair opportunity to participate in the process.
Military Disability Pay and Divorce
Military disability pay is often protected from division in divorce. The USFSPA restricts the division of disability payments, as they are generally considered personal to the service member. However, certain benefits like combat-related compensation may be considered differently under Texas law.
Impact of Benefits on Spousal Support
Spousal support, commonly known as alimony, is influenced by various military benefits. Military pay grades, housing allowances, and hazard pay can impact the amount awarded. Turner Monahan PLLC considers each aspect when advising clients on spousal support matters.
Texas Family Code on Military Divorce: Key Sections
The Texas Family Code provides essential guidelines for handling military divorces. Some of the key statutes include:
- Sec. 6.301: Establishes residency requirements for filing a divorce in Texas.
- Sec. 7.001: Requires a “just and right” division of community property, which includes military pensions.
- Sec. 153.134: Provides for joint managing conservatorships, allowing flexible arrangements suitable for military parents.
- Sec. 8.051: Outlines the conditions under which spousal maintenance may be awarded, factoring in military allowances.
Using these provisions, Turner Monahan PLLC tailors strategies to ensure that every aspect of military divorce complies with Texas law.
Turner Monahan PLLC – Here to Support You
Turner Monahan PLLC brings over 50 years of family law experience, helping clients navigate the complexities of military divorce.
Whether you need help with spousal maintenance, asset division, or child custody arrangements, our attorneys are prepared to handle all aspects of military divorce. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
