When discussing divorce, the phrase “military divorce” is often used when one or both married partners are active-duty military service members or personnel, including those in the reservists or National Guard. In contrast to a civilian divorce, there are more requirements in a military divorce, and while this may increase the complexity and length of the divorce procedure, those extra requirements are intended to take care for people serving our country who are going through a military divorce.
Texas and most states have laws and regulations that specifically address military divorces. Additionally, there are federal rules that control the procedures needed to finalize a military divorce in Texas. To ensure that their divorce proceedings are carried out following all requirements outlined in both state and federal law, it is crucial for service members and their spouses to speak with military divorce attorneys.
Thompson Salinas Londergan LLP is a renowned law firm where you will find a military divorce attorney. The firm’s legal specialists place high importance on open dialogue, relationships, empathy, assurance, assurance, support, and understanding. They are located in Austin, Texas, but their practice covers the entire Texas, Travis, and Williamson counties, and surrounding communities of Hays, Caldwell, Bastrop, Burnet, and Blanco Counties.
Difference between military divorce in Texas and civil divorce
Military divorce in Texas is distinct from civil divorce in several ways. While most factors are governed by the Texas Family Code, active-duty members are subject to several exceptions and modifications. Additionally, the laws of various military branches will slightly diverge. For instance, the army, navy, or air force may have completely different rules for determining maintenance or support payments.
The rights and obligations of military families are outlined in two significant federal acts. Two statutes that protect servicemembers and their former spouses are the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). They enable Texas courts to fight for service members’ retirement default judgments and benefits.
One of the most important issues is that divorce documents must be personally delivered on an on-duty military personnel. Different service delivery methods are not allowed. For instance, the divorce process could take longer if the active-duty service member is stationed abroad.
It may sometimes take longer for a service member to respond after being served. The Service Member’s Civil Relief Act gives active-duty military personnel an additional 90 days to respond to service (SCRA). They will also ask the court to postpone the hearing until they return from preparation.
According to Texas law, regardless of where they were acquired, all assets and debts that are inheritable by spouses after marriage will be properly shared. Individual property can remain with its owner and is not subject to division. The distribution of retirement payments is expressly regulated by the USFSPA. If the couple has been married for 10 years while the service member has been on active duty, retirement income will be distributed in a Texas military divorce.
The parents must create a parenting plan for the family law courts to use as evidence of the custody and visitation arrangements. Any military couple divorcing should consider what would happen to children if the active-duty spouse is transferred to another state or abroad. In Texas, the amount of child support due is determined using child support guidelines, supported by the number of children and monthly net income.
A divorce case is stressful and complicated. Always seek advice from a knowledgeable lawyer to solve the case smoothly.