Military Divorce 101

Wills, Trusts, Special Needs

Military Divorce 101

Navigating Your Houston Military Divorce

If you are getting a divorce and you or your spouse are service members, the process will differ compared to a civilian divorce. To ensure you navigate it as smoothly as possible, it is essential to hire an experienced attorney to guide you throughout the process. At The Law Office of Bryan Fagan, PLLC in Houston, our legal team will provide the knowledgeable advice and skilled representation you need to get through it.

Reach out to our law office today at (281) 810-9760 to request a free initial consultation with one of our attorneys to get started on your case!

Getting a Military Divorce

Generally, when spouses file for divorce, one spouse must meet the residency of the requirements of the state they are living in. If you are pursuing a military divorce, however, you can file for divorce in Texas if the servicemember spouse is stationed in the state or if you were deployed from the state.

The time it takes to get a divorce may also differ in a military divorce. Under the Servicemember’s Civil Relief Act (SCRA), active servicemembers have an extra 90 days to respond to a petition for divorce. Servicemembers may also request to delay the hearing process until they return from deployment.

When it comes to child custody, child support, and spousal support, the process is largely the same. Child-related matters are guided by the best interests of the child. That said, child support cannot exceed 60% of a servicemember’s pay.

When dividing military benefits, federal laws will dictate this process in accordance with the Uniformed Services Former Spouses’ Protection Act (USFSPA). For a dependent spouse to receive a spouse’s retirement benefits, the marriage must have lasted for at least 10 years while the servicemember was on active duty. Additionally, military divorce in Texas requires the division of future military retirement benefits that accumulated during the marriage no matter how long it lasted.

If you have children, health care benefits will continue for minor children and, if your marriage lasted for 20 years, the spouse may also continue to enjoy these benefits.

Get Started on Your Military Divorce by Reaching Out to Our Houston Law Firm Today!

If you are pursuing a military divorce, the legal team at The Law Office of Bryan Fagan, PLLC in Houston can provide the experienced representation you need to obtain the best results. You can rely on us to help you efficiently and smoothly end your marriage.

Call our law office today at (281) 810-9760 to request a free consultation with one of our attorneys to get started on your case and learn more about what we can do for you.

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