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Filing for divorce in Texas while on military leave

Filing for divorce in Texas while on military leave

On Behalf of | May 23, 2023 | Military Divorce |

Divorce is a significant life event that requires careful consideration and understanding of legal requirements. For military service members who may be away on military leave, filing for divorce can present unique challenges.

Find out more about the possibilities of filing for divorce in Texas while on military leave.

Residency requirements in Texas

One crucial factor in filing for divorce in Texas is meeting the state’s residency requirements. Generally, either the petitioner or the respondent must have been a resident of Texas for at least six months preceding the filing. However, for military service members stationed elsewhere, there are exceptions that may allow them to establish residency in Texas.

The Service Members Civil Relief Act provides certain protections and benefits for military personnel, including residency requirements for divorce proceedings. Under the SCRA, military members may be eligible to claim Texas residency based on their military service.

Special considerations for service members

Military service members face unique circumstances when going through a divorce, especially when they are on leave. Factors such as deployment, duty assignments and geographical distance can complicate the divorce process. However, the SCRA offers certain military members the ability to postpone civil proceedings, including divorce, during active duty. This provision ensures that service members have the opportunity to focus on their duties without undue legal pressure.

Additionally, the SCRA provides other rights and benefits, such as the ability to obtain legal representation and a stay of proceedings, if necessary.

Seeking support

Navigating divorce while on leave requires careful consideration and adherence to both state laws and military regulations. There are many options for support during this difficult time.

By being aware of the options and seeking appropriate advice, military service members can navigate the divorce process while on military leave.