When you serve in the Armed Forces, and your marriage breaks down, you may worry about what this would mean in your situation and what protections are in place to help safeguard your rights in the process. Fortunately, federal and Texas laws have several regulations that benefit you or your spouse, such as the ability to extend filing or answering deadlines if you are deployed or away serving your country.
A Frisco military divorce lawyer on our team could be an incredible asset to you as you move through the legal steps involved in ending your marriage. Our devoted divorce attorneys try to create solutions that work for all parties involved and honor the dynamic of that family.
Under Texas Family Code § 6.301, one of the ways that spouses qualify to request to end their marriage in this state is by showing that they are a resident. The person having residency in this state allows the court to gain jurisdiction—the authority to make decisions about things—over the dispute. Regulations require that someone live here with the intention of staying for at least six months and, for at least 90 days, have been a resident of the county in which they want to file for divorce.
Those who serve in the Armed Forces may be gone for months on end, either overseas or for stateside training or missions. Therefore, they may have difficulty meeting the residency rules in place for civilians. To account for this, Texas Family Code § 6.303 says that someone may still be a resident if they are domiciled here but absent because they are away on public service, such as military duty.
Likewise, an Armed Forces member may meet the jurisdictional requirements if, under Texas Family Code § 6.304, they are stationed in this state for at least six months and at a base in a county here for at least 90 days. An attorney in Frisco could help service members and their spouses understand if and how they could qualify to end their marriage in this state.
Federal and state laws help protect servicemembers and their spouses and cover potential legal situations during the dissolution process. For example, many soldiers may be away for extended periods when on duty for a mission or for training, causing them to leave their spouses behind through no fault of either party. Texas Family Code § 6.001 through 6.008 lists the grounds for divorce, which include one person leaving the other for a year or more with the intention of abandoning them. However, the other person can only use abandonment as a reason to end the union if they can prove the other person left with the intent to abandon rather than answering a lawful call to duty.
The Servicemembers’ Civil Relief Act—found in 50 United States Code § 3901-4043—provides additional protections for those who serve this country. For example, 50 USC § 3932 extends the filing and answer deadlines by at least 90 days when the servicemember has notice of the lawsuit and is on or was recently—within 90 days—released from active duty. This regulation protects soldiers from unknowingly having default judgments entered against them while they are serving their nation.
10 USC § 1408, called the Uniformed Services Former Spouses’ Protection Act, allows the court to include the qualifying retirement pay of some servicemembers in a dissolution of marriage property settlement agreement. Frisco residents who are ending their union and want to learn more about their rights and how to protect them should partner with a knowledgeable military lawyer.
When you are ending your marriage legally and are a current or former soldier, different rules and scenarios may come up during the process. Because of this, you may benefit from working with a trusted advocate who understands family law, respects your rights, and has a steady grasp of Armed Services regulations.
Reach out to a Frisco military divorce lawyer on our team today to schedule a consultation to discuss your concerns and options. We have a deep understanding of the complex issues that are sometimes involved when ending a marriage where one or both spouses are in the armed services. Call us today to schedule a consultation.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
