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Divorce is challenging for anyone, but when military service is involved, it introduces additional complexities. Frequent deployments, relocations, and legal protections under the Servicemembers Civil Relief Act can all impact how a divorce case progresses. For military members and their spouses, understanding how Texas law addresses divorce, child custody, and property division is crucial to avoid unnecessary delays and ensure a smoother process. Familiarizing yourself with these unique considerations can help you navigate the divorce process more effectively while protecting your rights and interests.
Military Divorce in Texas: What You Need to Know
The Law Office of Bryan Fagan takes pride in serving both active and former military members in family law matters. Life does not pause during a divorce. Work, personal responsibilities, and parenting continue even as legal proceedings unfold. While divorce presents challenges for anyone, military divorces come with unique factors that require careful planning.
The overall process remains the same as civilian divorces, but military cases involve additional legal considerations. Understanding these details can help create a solid strategy. If divorce has not yet been filed, gathering information early helps with preparation. If your spouse has already initiated the process, learning about your rights and options can help you make informed decisions.
Seeking legal guidance can simplify the process. The Law Office of Bryan Fagan offers free consultations six days a week, providing military members and their spouses with valuable insight into their legal options.
Can You File for Divorce in Texas While Living Elsewhere?
Texas is home to many military personnel, both active and retired. Filing for divorce in Texas depends on residency requirements.
Active-duty service members qualify to file if they:
- Lived in Texas for at least six months before deployment.
- Resided in the specific county where they plan to file for at least 90 days.
These rules apply regardless of whether you are currently stationed outside Texas. The same applies if your spouse is the military member. If you currently live in Texas and meet these criteria, you can file for divorce in your county of residence.
How Children Affect Jurisdiction
Jurisdiction over property and custody are separate matters. Having minor children may complicate where custody decisions are made. If children have lived outside Texas for at least six months, a Texas court may not have jurisdiction to issue custody orders.
In this situation, you may be able to finalize the divorce in Texas, but child custody matters could require a separate case in another state. This scenario can be time-consuming and costly. Consulting an attorney can help determine how to handle jurisdictional issues while avoiding unnecessary legal battles.
Serving Divorce Papers to a Spouse on Active Duty
Texas law requires that a spouse be notified when a divorce is filed. Filing alone does not initiate proceedings—your spouse must receive proper notice.
Standard Divorce Service
In civilian divorces, a process server or constable delivers divorce papers to the other spouse. Once served, an affidavit confirming receipt is submitted to the court. This process ensures that legal proceedings can move forward.
Challenges in Serving an Active-Duty Spouse
Serving a spouse on active duty presents challenges, especially if they are stationed overseas or at an undisclosed location. The military follows specific procedures for serving personnel. Your attorney can help navigate these steps to ensure compliance with legal requirements.
Alternatively, your spouse may sign a waiver of service, which acknowledges receipt of the divorce petition without requiring formal service. This option works well for uncontested divorces, where both spouses agree on major issues.
Understanding the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from default judgments in civil cases, including divorce.
In a civilian divorce, if a spouse does not respond to the divorce petition within 20 days, the court may grant a default judgment. This allows the filing spouse to finalize the divorce without the other party’s involvement.
How SCRA Affects Military Divorces
For active-duty military members stationed overseas or on deployment, responding to a divorce petition within the standard timeframe may not be possible. The SCRA prevents a court from issuing a default judgment against a service member who has not responded.
The law provides an automatic 90-day delay for military members who are unable to participate in legal proceedings due to service obligations. This period allows them time to respond, secure legal representation, or return to handle the case.
Can the Divorce Be Delayed Indefinitely?
Texas judges may extend delays beyond the 90-day period in extreme cases, such as when a service member is deployed in active combat. Some courts have postponed divorces for up to 60 days after a military spouse returns from duty to allow them time to participate.
However, service members can waive their SCRA protections if they want the divorce to proceed without delays. This option is common in agreed divorces where both parties seek a resolution.
How Military Service Affects Custody Arrangements
Child custody issues become more complicated when one parent is deployed. Texas family courts recognize these challenges and offer temporary solutions.
Temporary Custody Orders for Deployed Parents
If a standard possession order grants a military parent custody on weekends, deployment makes regular visits impossible. Courts may modify custody arrangements to ensure continued involvement in the child’s life.
Options include:
- Designating a relative (such as a grandparent) to exercise visitation rights on behalf of the military parent.
- Granting make-up visitation upon the service member’s return.
Judges must determine if these modifications serve the child’s best interests. In some cases, the court may decide that alternative visitation is not appropriate.
Final Thoughts on Military Divorce
Military divorces come with unique challenges, but service members benefit from legal protections that help balance their commitments to both their country and their families. The Servicemembers Civil Relief Act safeguards against unfair legal proceedings, and Texas courts acknowledge the challenges of maintaining a parenting schedule during deployment.
Understanding these protections is essential for service members and their spouses to approach divorce with clarity. By seeking legal advice early, you can ensure compliance with Texas laws while safeguarding your rights and interests throughout the process.
Need Legal Guidance? Contact the Law Office of Bryan Fagan
If you have questions about military divorce, contact the Law Office of Bryan Fagan for a free consultation. Our attorneys provide guidance on Texas family law and help service members understand their legal options. Consultations are available in person, by phone, or via video.
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