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Military divorce in Texas

Military divorce in Texas

On Behalf of | Oct 19, 2023 | Military Divorce |

9.9% of Texas marriages end in divorce, according to the American Community Survey. Some of these are military couples.

Understanding the specific laws and rules about military divorce in Texas is important in achieving a smooth and fair separation process.

Residency requirements

The first thing to think about in a military divorce is meeting residency requirements. Unlike regular divorces, military members may have extra options because of their service. For instance, active-duty service members can file for divorce in Texas as long as either the service member or their spouse is a resident of the state.

Dividing property

In Texas, the community property rule reigns, which means that the law considers assets acquired during the marriage as shared property. This includes military pensions and benefits. Understanding how a judge may split these assets is important for both sides to make sure things are fair.

Child custody and support

Deciding who gets custody of the children and who pays for their care can be especially complicated in military divorces. Deployments, moves and the unpredictable nature of military service can greatly affect these decisions. The court always considers the well-being of the child, but making things steady and consistent can be tough in a military situation.

Military benefits

Service members and their families enjoy many benefits, like healthcare, money for housing and retirement plans. These benefits can become sticking points in a divorce. It is important to remember that a judge may divide these between the people getting divorced.

Considering deployments

Being sent away on a mission can mess up divorce proceedings, so it is important to plan ahead and talk things through. The Servicemembers Civil Relief Act (SCRA) gives certain protections to active-duty service members dealing with legal matters, including divorce.

Military divorce in Texas comes with its own set of challenges that need careful thought and preparation to achieve favorable results for everyone involved.