Texas Military Divorce Lawyers

Guiding Military Members Through Divorce In Texas

If you find yourself having to go through the divorce process as an active or former member of the military, you should know that it is much more complex than if both spouses were civilians. Due to the added complication, having a Dallas military divorce attorney that understands what you are facing will make all of the difference. The attorneys here at the law office of Wilson Whitaker Rynell have extensive experience in cases like this and are prepared to help you navigate your military divorce proceeding in Texas.

The Uniformed Services Former Spouse Protection Act

The state of Texas is a community property state, and in a typical civilian divorce, assets are divided between both parties in a “just and right” way. Furthermore, military divorces follow along the same guidelines, except the Uniformed Services Former Spouses Protection Act (USFSPA) allows that “disposable retired pay” be received as non-disability military retirement and earned during the marriage can be community property to be divided in divorce.

Uniformed Services Former Spouses Protection Act

• Former spouses can receive access to military exchanges and commissions
• Former spouses can receive health care at military treatment facilities
• Spouses and child that are victim to abuse can receive benefits
• Former spouses can receive parts of retired pay
• State courts divide disposable military retired pay

However, in order for a non-military spouse to receive the military retired pay, the federal law requires that the couple be married for a minimum of ten years. Also, the military member must have completed a minimum of ten years of service during that time. This act also specifies a Survivor Benefit Plan if a retired member passes. Additionally, a former spouse could seek coverage under the Survivor Benefit Plan.

Additional Military Divorce Information

What Safeguards Are Provided For Military Service Members Against A Default Judgement?

In Texas, one of the rights of service members is to adopt the Soldiers and Sailors Civil Relief Act in their military divorce cases. This would provide a specific safeguard to prevent a default judgement from being rendered against a service member. Moreover, the service member would be provided the ability to stay the proceeding of the Texas military divorce case if they are overseas.

Military Resident Requirements

Active duty service members and their spouses are offered some options not afforded to civilians in meeting the residency requirements. If one of the following requirements are met then their divorce is eligible for a Texas military divorce:

• The service member or spouse meets the residency requirements for civilians
• The service member's or spouse's permanent residence is in Texas, but they are temporarily stationed or deployed elsewhere
• The service member's or spouse's permanent residence is in another state, but they are stationed in Texas
• The service member has a permanent residence in another state, was temporarily stationed in Texas and then subsequently deployed from Texas and is currently on that same deployment

Our Dallas Attorney Can Help In a Military Divorce

Regardless if it’s you or your spouse that is a member of the military, the law office of Wilson Whitaker Rynell can provide you with guidance in your divorce case. Our board certified attorneys specialize in complex divorce, property and child custody matters. Please contact our office for a free consultation if you need representation in your divorce.