Attorney
Divorce is a challenging process, and when one or both spouses are active-duty or retired service members, it adds unique complexities to the situation. There are special considerations and protections available to service members and their spouses. These are the key aspects of military divorce and how to navigate the process effectively.
Jurisdictional Considerations
One of the primary challenges in military divorce is determining which state has jurisdiction over the case. Texas follows the “home state” rule, meaning that either spouse must have been a resident of Texas for at least six months and a resident of the county where the divorce is filed for at least 90 days. However, special rules apply to service members who are stationed outside of Texas but claim residency in the state.
Protections Under the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) provides important protections for service members facing divorce proceedings. Under the SCRA, service members can request a stay (delay) of the proceedings if their military service materially affects their ability to participate in the case. This allows service members to focus on their duties without the added stress of legal proceedings.
Division of Military Benefits
One of the most significant considerations in military divorce is the division of military benefits, including pensions, retirement accounts, and healthcare benefits. In Texas, military retirement benefits are considered community property and may be subject to division in divorce proceedings. However, the division must adhere to federal laws, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), which governs the division of military pensions.
Child Custody and Support
Child custody and support arrangements in military divorce cases require careful consideration of the unique challenges faced by service members, such as deployment and frequent relocations. Texas family courts prioritize the best interests of the child when determining custody and visitation arrangements, taking into account the stability and well-being of the child.
Spousal Support
Spousal support, also known as alimony or spousal maintenance, may be awarded in military divorce cases, depending on the circumstances. Texas courts consider factors such as the duration of the marriage, each spouse’s earning capacity, and the financial needs of both parties when determining spousal support awards.
Military Family Support Programs
Service members and their families have access to a range of support programs and resources provided by the military, including counseling services, legal assistance, and financial planning. These programs can be invaluable resources for navigating the challenges of divorce and ensuring the well-being of both spouses and their children.
Contact Our Experienced Midland & Odessa Texas Divorce Attorneys
Military divorce presents unique challenges and considerations that require specialized knowledge and expertise to navigate effectively. If you’re facing a military divorce or have questions about your rights and options, don’t hesitate to reach out to the trusted team at Navarrete & Schwartz. Contact us today.