A divorce is rarely simple, but when one or both spouses is active-duty military, the process becomes complicated. You need to work with an attorney familiar with the complexities of military divorce.

Whether you are a member of the military or the spouse of a service member, it is critical to understand how divorce will impact you and your future, which a hard-working divorce attorney could help with. A military divorce lawyer in The Colony could also help you navigate the process and resolve any conflicts along the way.

Challenges of Divorce When a Spouse is Serving

Like most states, this one has a residency requirement that a couple must meet before filing for divorce. One of the spouses must have lived in the state for at least six months and in the county where the divorce will be heard for at least 90 days before the filing.

The requirements are a bit different when one of the spouses is a service member. A spouse who has been stationed in this state for at least six months or was deployed from here can file for divorce here.

Sometimes, a Texas resident spouse files for divorce against a service member who is deployed or stationed overseas. The law requires that a party served with divorce papers respond within 20 days, but deployed service members can get an indefinite extension until their deployment ends. An experienced attorney in The Colony could review the implications of the divorce process and its timing when a spouse is serving overseas.

Military Service Raises Some Issues Regarding Property Division

For the most part, property division in a military divorce is the same as in a civilian divorce. Texas law holds that everything either spouse acquires during a marriage is community property and the spouses share ownership of it. According to Texas Family Code § 7.001, judges should divide property in a manner that seems just and appropriate under the circumstances.

Federal law also applies to military divorces. Depending on factors including the length of the marriage and the duration of a spouse’s military service, the civilian spouse might be entitled to certain benefits such as continued healthcare under the military system, the right to shop at military commissaries, and a portion of the service member’s military pension.

These are valuable benefits that must be factored into the property division calculation. Working with a lawyer in The Colony who understands the federal laws that apply to military divorce could increase the chances of obtaining a fair settlement.

Child Custody When a Parent is on Active Duty

Federal law prevents a court from considering military service and possible deployment as a reason to deny a parent child custody. However, relocation and the possibility of deployment are facts of life for military families. When parents divorce, it is critical to take the possibilities into account.

When a parent with primary physical conservatorship of the children deploys, the state gives them the option to transfer custody to someone else for the length of their deployment plus 90 days. The non-custodial parent is the preference for alternate custody, but the deploying parent could choose someone else, such as a new spouse or a grandparent.

Families benefit by discussing the possibility of deployment during their divorce negotiations and incorporating provisions for this eventuality into their parenting plan. A judge must review the parents’ plan and will reject it if it does not support the children’s best interests. An attorney in The Colony could help parents negotiate a parenting plan or review one they have agreed on to ensure it meets legal requirements.

Contact an Attorney in The Colony for Help with a Military Divorce

Military divorces are more complicated than civilian divorces. One reason is that both state and federal laws apply to military divorce. Another reason is the practical difficulties of determining residency and child custody when one spouse is subject to relocation or deployment at any time.

Work with a military divorce lawyer in The Colony for help with your divorce. We understand the legal and practical difficulties and could help you overcome them. Contact us today to schedule a consultation.

Meet Matt Towson

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.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson