Military divorces follow a unique set of rules that are not present in civilian divorces. While these proceedings honor the Texas Family Code, a military divorce introduces federal laws. Understanding these nuances is the first step in protecting your family.
Considerations on jurisdiction
Under Texas Family Code Section 6.303, military couples may file for divorce in a Texas county. If you are a Texas resident, time spent outside the state on military service counts toward residency requirements. With this protection, you do not lose your right to access Texas courts because your duty station changed.
Protection from default judgments
Responding to divorce papers served by a non-military spouse can be difficult, especially if you are on active duty. The Servicemembers Civil Relief Act (SCRA) provides a postponement of court proceedings. It requires courts to appoint an attorney and stay proceedings for at least 90 days if a servicemember’s duties prevent their participation, significantly limiting the risk of a default judgment.
Requirements for division of benefits
Military pensions fall under community property, especially when retirement pay increases during the marriage. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), a Texas court judge can divide this benefit, provided that the state has proper jurisdiction. However, the method of distribution depends on the 10/10 rule.
If the marriage lasted for at least 10 years and had 10 years of overlapping military service, the government sends the check directly to the former spouse. If your marriage does not meet the 10/10 rule, the service member is typically responsible for making monthly payments personally.
Navigating a military divorce with help
The intersecting state and federal laws can be overwhelming to process, but you do not have to face this alone. Because every family’s situation is unique, it would be best to seek counsel from an experienced divorce attorney for personalized guidance.