How is Texas Divorce Different for Service Members in the Military?

Understanding how Texas divorce is different for service members is key to navigating the legal process with fewer complications. Active-duty military personnel face unique legal protections, such as the Servicemembers Civil Relief Act (SCRA), which can delay divorce proceedings. Jurisdictional issues may also arise due to frequent relocations or deployments. Additionally, dividing military retirement benefits, determining custody across state lines, and calculating support based on military pay require specialized knowledge. Because Texas divorce is different for service members, both parties should seek legal guidance to ensure their rights are protected and the process runs smoothly.

Residency Rules Aren’t the Same

Texas usually requires one spouse to live in the state for at least six months and in the county for 90 days. For military members, that changes. If a service member is stationed in Texas, the law treats them as a resident—even if they’re not from Texas. This lets them file for divorce in Texas, as long as they’ve been stationed there for six months.

Their spouse can also file in Texas if the military member is stationed there. This helps simplify divorce filings for those who move often due to deployments and reassignments.

The Servicemembers Civil Relief Act Affects the Timeline

Civilian divorces can move fast. Military divorces can’t always keep that pace. The Servicemembers Civil Relief Act (SCRA) gives active-duty personnel the right to pause legal proceedings if military duties prevent them from participating.

If the non-military spouse files for divorce, the court can delay hearings until the service member returns or can focus on the case. This pause isn’t automatic. The military spouse must ask for it and prove their duties interfere with the ability to respond.

SCRA helps protect service members from default judgments when they’re overseas or in training. This law keeps them from losing their rights while serving the country.

Child Custody Requires Extra Consideration

Child custody decisions follow the best interests of the child, but military duties often create long absences or sudden relocations. Texas courts understand this. Judges in military divorces consider deployment schedules when deciding custody.

Temporary Custody During Deployment

If a military parent gets deployed, temporary custody may go to the other parent. Once deployment ends, the military parent can ask the court to restore the original order. This protection helps them return to their role as a parent without restarting a legal battle.

Designating a Caregiver

Texas law allows deployed service members to assign their custody rights temporarily to a relative, such as a grandparent or sibling. This keeps the child in familiar hands during deployment.

Support Payments Must Align with Military Rules

Military income isn’t always simple. It includes base pay, allowances for housing and food, bonuses, and hazard pay. Texas courts calculate child and spousal support based on all those sources. They look at what the service member earns, not just the base salary.

However, there’s a cap. Federal law says that no more than 60 percent of a service member’s pay can go toward child support and alimony. Texas must follow that rule, even if a judge thinks the spouse deserves more.

If the military member falls behind on payments, their wages can be garnished. The military takes these orders seriously and will help enforce them. Still, it’s better to set realistic, fair amounts from the start.

Dividing Military Retirement Benefits Takes Special Steps

Military retirement isn’t handled like a 401(k). The Uniformed Services Former Spouses’ Protection Act (USFSPA) lets state courts divide military pensions during divorce. In Texas, the community property system applies. That means any retirement earned during the marriage belongs to both spouses.

What Happens with DFAS Payments?

To receive direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must have lasted at least 10 years while the service member was on active duty. If the marriage didn’t meet that mark, the former spouse may still get a share—but the service member must send it directly.

Courts can also divide other benefits, like the Thrift Savings Plan (TSP). This works more like a civilian retirement account and follows separate rules.

Healthcare and Housing Benefits May End or Continue

Military spouses often rely on TRICARE for healthcare. After divorce, that benefit can continue under certain rules.

TRICARE Coverage After Divorce

If the marriage lasted at least 20 years, and 20 of those years overlap with military service, the non-military spouse may qualify for full, continued TRICARE coverage under the 20/20/20 rule.

If the overlap lasted 15 to 19 years, the 20/20/15 rule applies. In that case, the former spouse gets one year of transitional healthcare. After that, they must find private insurance.

What Happens to Housing?

Housing benefits like access to military housing or base privileges end after divorce. Former spouses can’t stay in base housing once the divorce is final. Some benefits may extend if the divorce is still pending and the service member hasn’t yet left the base.

Divorce Can Affect Military Careers

Military members going through divorce may worry about how it impacts their record. In most cases, divorce doesn’t affect promotions or active duty. However, issues like failure to support dependents or domestic violence claims can lead to disciplinary action under the Uniform Code of Military Justice (UCMJ).

Commanding officers usually don’t get involved in civil divorce matters unless there’s misconduct. Still, personal issues can affect performance, and the military may offer counseling or legal resources to help service members manage the process.

Texas Military Legal Assistance Can Help

Each military branch has legal assistance offices. They don’t handle full divorces, but they offer advice, draft documents, and explain court procedures. They can’t represent service members in court, but they’re a useful starting point.

In Texas, service members can also work with civilian attorneys familiar with military divorce. It’s important to choose one who understands the federal laws involved and knows how Texas handles issues like community property and retirement division.

Why Military Divorce Often Takes Longer

Military divorces often take more time than civilian ones. Scheduling conflicts, deployments, and federal protections slow the process. The court may wait to divide property or rule on custody if a deployment is coming up.

In some cases, couples agree to pause the process until the military spouse returns home. While this can delay resolution, it helps avoid unfair outcomes.

Key Takeaways for Military Divorces in Texas

Military divorces in Texas follow the same basic legal framework as civilian cases, but important differences set them apart. Texas divorce is different for service members due to federal protections like the Servicemembers Civil Relief Act (SCRA), which can delay court proceedings during active duty. Unique considerations—such as dividing military retirement benefits, calculating support based on military pay, and coordinating child custody across deployments—require special attention. These divorces are about more than ending a marriage; they involve preserving benefits, protecting careers, and safeguarding family stability under military demands. With experienced legal support and thoughtful planning, service members and their spouses can navigate these added complexities more confidently.

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Other Articles you may be interested in:

1. Essential Information for Military Divorces in Texas
2. Examining Military Divorce Law in Texas
3. Q and A Regarding a Military Divorce
4. Military Divorce and division of marital property and debt
5. Can my ex get half of my VA disability? (and other military divorce questions)
6. Which military branch has the highest divorce rate?
7. Do military couples marry faster than other couples?
8. Are military spouses unfaithful?
9. Do military spouses get alimony?
10. Does the military pay for the divorce?
11. Navigating the Post 9/11 GI Bill and Educational Benefits Post Military Divorce
12. What is the “10/10” rule in the military?
13. Does my ex get half my military retirement?
14. Does the military provide divorce lawyers?
15. How do you choose the right state for a military divorce?