Military Divorce

Residency Requirements in Military Divorces

In accordance with the Texas Family Code, a court is unable to exercise jurisdiction over a divorce proceeding unless, at the same time the case is filed, either the filing party or the spouse has lived in Texas for the previous six months in the county where the action was filed for the previous 90 days.
For the active service members, there are two distinct methods of meeting the residency requirements, as defined by the Code. The Code states that service members who reside in Texas but are stationed outside of the state will be regarded as residents of Texas and the county in which they typically reside. Similarly, Texas residents who accompany their service member spouses to stations outside of Texas will be granted the same considerations regarding residency. Moreover, individuals who are not Texas residents but presently reside in the state due to their or their spouses' service assignments will be considered Texas residents for filing a divorce suit if they live in the state and county for the specified time periods.

Serving Divorce Papers to a Deployed Member of the Military

In a typical divorce proceeding in Texas, the petitioner must serve the spouse with a divorce petition, and the respondent must file an answer by the Monday following the twentieth day after service. Failure to meet this deadline may result in a default judgment being entered, granting the petitioner's requests, but only after evidence is presented to support them. However, if the respondent is an active member of the military, the Servicemembers Civil Relief Act (SCRA) allows for a stay of proceedings for up to ninety days after their return from active duty. Moreover, the SCRA bars courts from entering default judgments against military members on active duty.

Property Division in Military Divorces

In Texas divorces, property division is determined by the Code. Separate property belongs to the spouse who owns it, while community property acquired during the marriage is divided in a manner the court deems just and right. Regardless of military status, Texas courts typically distribute property in accordance with the Code.
Under the Uniformed Services Former Spouse Protection Act (USFSPA), military spouses may be able to keep their health benefits in certain situations. The 20/20/20 rule applies when the couple was married for at least twenty years, the military spouse actively served for at least twenty years, and the marriage and service overlapped for at least twenty years. If these conditions are met, the non-military spouse is entitled to military health insurance and other benefits.