Military Divorce in Texas: Navigating the Unique Challenges and Legal Considerations

Military divorce presents a unique set of challenges that differ significantly from civilian divorce proceedings. Service members face not only the emotional complexities of divorce but also legal and procedural hurdles stemming from their military service, deployments, and specific federal and state laws. If you’re a service member or the spouse of one facing divorce in Texas, it’s crucial to work with a legal team that understands the nuances of both Texas family law and federal military regulations. At Schneider Law Firm, we’re dedicated to guiding you through every step of the divorce process with the expertise and care you need.

Unique Challenges in Military Divorce

Military divorce is not just a personal matter—it intersects with complex federal and state laws that govern property division, child custody, spousal support, and military benefits. Below are some of the most significant challenges military families face when navigating the divorce process:

1. Divorce While Deployed: The Servicemembers Civil Relief Act (SCRA)

One of the most significant differences between a military divorce and a civilian divorce is the potential for a service member to be deployed during the proceedings. Military deployments can disrupt the divorce process and make it difficult for both spouses to participate in hearings or court proceedings. Fortunately, the Servicemembers Civil Relief Act (SCRA) provides important protections for military personnel.

Extended Postponements: Under the SCRA, a service member can request a 90-day postponement of legal proceedings, including divorce, if they are unable to attend due to deployment or active-duty service. This allows service members to focus on their mission and return to legal proceedings when they are able to fully engage in the case.

Protection Against Default Judgments: The SCRA also protects service members from default judgments. If a service member cannot respond to a divorce petition because of their military obligations, the court cannot issue a default judgment against them without taking their circumstances into account. This protection ensures that military personnel are not penalized for their inability to attend court due to deployment.

If you're a service member currently deployed or about to deploy, it’s essential to inform your attorney early so that the appropriate protections under the SCRA can be applied.

2. Division of Military Benefits and Retirement Pay

The division of military benefits, particularly military retirement pay, and other pensions, is another significant challenge in military divorce. Texas is a community property state, which means assets acquired during the marriage are subject to division. However, military pensions and other benefits have special rules under both Texas law and federal law.

Military Retirement Pay: Military retirement pay is considered community property in Texas and may be divided in a divorce. However, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the division of military retirement pay. Under the USFSPA, a former spouse may be entitled to a portion of the military member’s retirement pay if the couple was married for at least 10 years while the service member was on active duty. If the marriage lasted less than 10 years during the service member's military service, the former spouse may still be entitled to a share of the retirement benefits, but direct payments from the government are not possible.

Survivor Benefits Plan (SBP): The Survivor Benefit Plan (SBP) is a critical military benefit that provides ongoing payments to a spouse or children in the event of the service member’s death. In divorce, specific rules govern whether the former spouse is entitled to continue receiving these benefits, and this must be clearly outlined in the divorce decree.

Thrift Savings Plan (TSP): The Thrift Savings Plan (TSP) is a federal retirement savings program available to military members and can be divided as part of the divorce. Like civilian retirement plans (e.g., 401(k)s), the TSP requires a Qualified Domestic Relations Order (QDRO) or the military-specific Acceptable Domestic Relations Order (ADRO) to ensure it is divided properly.

3. Child Custody and Visitation Challenges

Military service can create unique challenges when it comes to child custody and visitation. Frequent moves, deployments, and other service-related obligations can complicate maintaining a consistent custody arrangement. However, Texas family courts prioritize the best interests of the child, and accommodations can be made to reflect the service member’s needs.

Temporary Custody During Deployment: In some cases, a service member may need to establish a temporary custody arrangement during deployment. This may involve designating the other parent or a trusted family member to care for the child in the service member’s absence. The courts will consider these arrangements carefully to ensure the child’s stability and well-being.

Parenting Plans: A well-crafted parenting plan is essential for military families, especially when deployments or relocations are a factor. A solid plan that accounts for deployment schedules, visitation, holidays, and other commitments can help reduce conflict and ensure the child’s emotional needs are met.

Visitation During Deployment: If a service member is deployed, it’s critical to establish provisions for staying in touch with children, such as video calls, letters, and other forms of communication. Texas courts encourage the non-deployed parent to facilitate these interactions to maintain a positive relationship between the child and the deployed parent.

4. Spousal Support and Alimony

Spousal support (or alimony) can be another consideration in military divorce cases. In Texas, spousal support may be awarded based on the length of the marriage, the financial needs of the spouse, and the ability of the paying spouse to provide support.

Military Service and Alimony: Service members, particularly those with a long military career, may be required to pay alimony as part of the divorce settlement. However, military members often have unique financial circumstances, such as allowances for housing, travel, and other military-specific benefits, which must be carefully considered when determining spousal support.

Both federal law and Texas law must be factored into the calculation of spousal support to ensure that the service member’s military compensation is appropriately considered.

How a Military Divorce Lawyer Can Help

Divorcing while serving in the military or divorcing a service member requires a deep understanding of both Texas family law and federal military regulations. Whether you are stationed in Texas, deployed overseas, or facing a divorce as a military spouse, it’s critical to work with an attorney who has the expertise to navigate the complexities of military divorce.

At Schneider Law Firm, we specialize in military divorce and are here to help guide you through the process. Our legal team is experienced in handling military benefits, custody issues, deployment-related challenges, and the division of assets, including military retirement pay and survivor benefits. We will work with you every step of the way to ensure that your rights are protected and that the divorce process is handled with care and expertise.

If you're facing a military divorce, you need a skilled attorney who understands the unique challenges involved. The attorneys at Schneider Law Firm are dedicated to helping service members and their families navigate the divorce process with confidence. With years of experience in military divorce cases, we are here to help you secure a fair and equitable outcome.

To schedule a consultation, call our Fort Worth office at 817-904-4520 or send us a message here.