When it comes to the complex process of obtaining a divorce in Texas, many individuals find themselves grappling with the question of how military service affects the proceedings. The presence of military personnel as spouses in a marriage introduces certain factors that can significantly influence the ability to obtain a divorce and the manner in which the process is carried out.
Residency Requirements: A Complication
In the Lone Star State, individuals seeking a divorce must fulfill a residency requirement of six months before they are eligible to file for divorce. However, when one or both spouses are serving in the military, this requirement can become more complicated due to the frequent relocations that come with military life.
Thankfully, there is a legal provision called the Servicemembers Civil Relief Act (SCRA) that allows military members and their spouses to claim Texas as their legal residence, even if they are stationed elsewhere. This means that even if you or your spouse is stationed outside of Texas, as long as you consider the state your legal residence, you can still file for divorce in Texas.
Service Members Civil Relief Act (SCRA): Protecting Military Members
The SCRA grants various protections to military personnel who are on active duty. One significant protection is the ability to request a delay or stay of court proceedings, including divorce proceedings, while the military member is serving.
For this protection to be exercised, the military member must provide a written request to the court explaining how their active duty service creates challenges that hinder their participation in the divorce process. In certain cases, the court may choose to grant a stay, thereby postponing the proceedings until the military member is able to fully participate.
Military Pension Division: Considering Community Property
Military service can also impact the division of pensions during a divorce. In the state of Texas, military pension benefits are considered community property, which means they are subject to division during divorce proceedings.
However, the division of military pensions is guided by the Uniformed Services Former Spouses’ Protection Act (USFSPA). According to this act, it is mandatory for the military member to have served a minimum of 10 years for their pensions to be considered eligible for division during divorce proceedings.
Child Custody and Support: A Delicate Balance
For divorcing couples with children, child custody and support often become focal points of contention. Military service, with its deployments and frequent relocations, can significantly impact custody arrangements.
In Texas, child custody determinations are made based on the best interests of the child. While a parent’s military service alone cannot disqualify them from custody, the court takes into account the impact of military service on the parent’s ability to provide a stable home for their child.
When it comes to child support, military members are still obligated to financially support their children, even if they are posted overseas. However, the court may take into consideration the unique income structure of military personnel when calculating child support payments.
Conclusion: Expert Guidance for Military Divorces in Texas
For individuals who are contemplating divorce in Texas while one or both spouses are serving in the military, it is crucial to understand the potential implications of military service on the divorce process. Navigating residency requirements, as well as understanding and harnessing the protections offered by the SCRA, can be challenging. Seeking the guidance of an experienced divorce attorney who is well-versed in military divorces is essential in order to protect your rights throughout the process. Your attorney will provide essential support and ensure you are able to navigate the complex landscape of military divorces in Texas successfully.