Introduction
Divorce can be a challenging experience for any couple, but for military families, the process can be even more complex due to additional legal, financial, and logistical factors. In Texas, special rules apply to divorces involving active-duty service members or military spouses, affecting everything from child custody and spousal support to the division of military benefits.
Special Considerations for Military Divorce in Texas
Divorces involving military families have unique considerations that distinguish them from civilian divorces. Key aspects that need to be addressed include federal and state laws, residency and filing requirements, and military-specific benefits.
Residency and Filing Requirements for Military Divorce in Texas
Certain residency requirements must be met to file for a divorce in Texas. The rules differ slightly for military members due to their mobile lifestyle and frequent deployments.
Special Considerations for Service Members
- Texas Residency by Stationing: If the service member is stationed in Texas but not necessarily a resident, they are considered to meet the residency requirement for filing for divorce.
- Spouse’s Residency: If the non-military spouse lives in Texas, that may also satisfy the residency requirement, even if the service member is stationed elsewhere or deployed.
Example: A service member stationed at Fort Hood files for divorce in Texas, even though they originally resided in another state. Since they have been stationed in Texas for over 6 months, they meet the residency requirements.
Serving Divorce Papers to Active-Duty Military Members
The process of serving divorce papers to an active-duty service member is governed by the Servicemembers Civil Relief Act (SCRA), which offers protections to ensure that military members can properly respond to divorce proceedings without being disadvantaged due to deployment or active duty.
Protections Under SCRA
- Automatic Stay of Proceedings: A service member on active duty can request a 90-day stay of the divorce proceedings if they are unable to respond due to their service obligations.
- Additional Extensions: If necessary, the court may grant further extensions, ensuring that service members are not defaulted on their rights because of their military duties.
Division of Military Benefits in Texas Military Divorce
One of the most complex parts of a Texas military divorce is dividing military benefits, including retirement pay, healthcare, and housing allowances. Here are key factors to consider:
- Military Retirement and Pension
Military retirement pay is often one of the most significant assets in a military divorce. The division of military retirement is guided by both Texas state law and the Uniformed Services Former Spouses’ Protection Act (USFSPA).
- Marital Property: In Texas, military retirement pay is considered community property if earned during the marriage. This means it is subject to division upon divorce.
- The 10/10 Rule: Under the USFSPA, a former spouse may receive direct payment from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years, during which the service member performed 10 years of military service (10/10 Rule).
Example: A couple was married for 12 years, during which the husband served in the Navy. Under Texas community property laws, the wife is entitled to a share of the military retirement pay, and because they meet the 10/10 Rule, she can receive direct payments from DFAS.
- VA Disability Benefits
VA disability benefits are generally not divisible as marital property. However, disability payments may be taken into account when determining spousal support (alimony) or child support.
- Survivor Benefit Plan (SBP)
The Survivor Benefit Plan (SBP) provides a continued income stream for a former spouse if the service member dies. During the divorce proceedings, the former spouse can request to be designated as the beneficiary of the SBP, ensuring financial protection.
- Thrift Savings Plan (TSP)
The Thrift Savings Plan (TSP) is a retirement savings and investment plan for federal employees and service members. A TSP is treated as community property in Texas and is subject to division. A Qualified Domestic Relations Order (QDRO) may be required to divide the TSP.
Child Custody and Support in Texas Military Divorce
Child custody and support can be particularly challenging for military families due to deployments, relocations, and the unique nature of military life.
- Best Interests of the Child Standard
In Texas, child custody decisions are based on the best interests of the child. The court will consider factors such as the child’s needs, each parent’s ability to care for the child, and the stability of the living situation.
- Deployment Considerations: If a service member is deployed, the court will consider how that deployment impacts their ability to maintain a stable home environment. Custody arrangements may be modified to accommodate the service member’s schedule.
- Child Support Calculations
In Texas, child support is calculated based on state guidelines, considering factors like the non-custodial parent’s income and the number of children involved. Military allowances (e.g., BAH – Basic Allowance for Housing) are included as part of the service member’s income when calculating child support.
Special Considerations During Military Deployment
Deployment can complicate divorce proceedings, especially regarding child custody, parenting time, and property division.
Temporary Custody Orders
If a service member is deployed, the court may issue temporary custody orders to provide stability for the children. This temporary order can outline parenting schedules, visitation rights, and any changes needed to accommodate the deployment.
Example: A mother in the Navy is deployed overseas for 9 months. A temporary custody order grants the children’s father full-time custody during the deployment, with a plan to return to shared custody once the mother’s deployment ends.
Divorce can be a challenging experience for any couple, but for military families, the process can be even more complex due to additional legal, financial, and logistical factors. In Texas, special rules apply to divorces involving active-duty service members or military spouses, affecting everything from child custody and spousal support to the division of military benefits.
For those seeking clarity on their marital options, exploring the differences between annulment and divorce is essential. Both options address the dissolution of a marriage, but the legal grounds, implications, and processes differ significantly. For a detailed exploration, refer to Annulment vs. Divorce in Texas: Understanding Your Options.
How can we assist?
Navigating a military divorce in Texas requires careful consideration of unique legal and financial factors. From understanding the division of military benefits to establishing child custody arrangements during deployment, service members and their spouses must take proactive steps to protect their interests.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.