Military divorces can be significantly more complex than civilian cases, as they involve both state and federal laws, as well as unique rules specific to service members. At True Law Firm, our family law attorneys are dedicated to helping service members and their families navigate the complexities of military divorce while protecting their rights and pursuing the best possible outcome.
What Constitutes a Military Divorce?
Military divorce is a legal process involving one or both spouses who serve in the armed forces. Unlike a civilian divorce, these cases must balance state family law with federal rules that apply to service members. Due to this, military divorces require legal guidance to ensure that rights are protected and all obligations are properly fulfilled under Texas law and federal statutes.
Key Elements Of A Military Divorce
Jurisdiction and filing requirements
In civilian divorces, couples typically file in the state where they live. Military divorces can be more restrictive. Service members may need to file in their “home of record” or in the location where they are stationed. This requirement can influence timelines, accessibility, and the court’s authority to grant a divorce, making it essential to understand jurisdictional rules before filing.
Division of military retirement and pensions
A defining feature of military divorce is the treatment of retirement benefits. The Uniformed Services Former Spouses Protection Act (USFSPA) permits states to classify retired pay as property rather than income. Courts may award up to 50% of these benefits to the non-military spouse, but the division is subject to the “10/10 rule,” under which the couple must have been married for at least ten years, overlapping with ten years of creditable military service.
Custody considerations during deployments
Child custody in military divorces often comes with challenges that civilian families may not face. Courts must evaluate how frequent relocations, base reassignments, or overseas deployments affect a child’s stability and best interests. To address these concerns, military parents are often required to create a family care plan that specifies both short-term and long-term caretakers, as well as detailed care instructions to ensure children are protected during deployments.
Fathers’ rights during military divorce
Fathers serving in the military often worry that deployments or frequent relocations will limit their role in their children’s lives. However, Texas law requires courts to consider the child’s best interests, rather than automatically favoring one parent over the other. By establishing clear parenting plans and ensuring compliance with military-specific custody rules, fathers can maintain relationships with their children despite the demands of active-duty service.
Impact of federal protections
Federal laws provide service members with special legal safeguards during divorce proceedings to ensure they are not placed at a disadvantage because of their duties. The Servicemembers Civil Relief Act (SCRA), for example, allows courts to postpone hearings if active-duty service prevents a member from appearing. While these protections are vital to fairness, they can also extend the timeline for military divorce and introduce added complications.
Military Divorce FAQs
Do I have to file for divorce in my home state if I am in the military?
Not always. Military members often have multiple legal residences to consider: their home of record, where they are currently stationed, or where their spouse resides. Selecting the correct jurisdiction can significantly impact property division, custody, and support orders. It’s important to understand which court has authority over your case before filing.
How are military pensions divided in a divorce?
Military pensions are treated differently from civilian retirement accounts. Under the Uniformed Services Former Spouses Protection Act (USFSPA), pensions are considered marital property. Courts can award up to 50% to the non-military spouse if the “10/10 rule” applies (ten years of marriage overlapping with ten years of creditable service).
Are VA disability benefits divided in a military divorce?
No. According to the U.S. Supreme Court’s decision in Howell v. Howell (2017), VA disability pay cannot be divided as community property in a divorce. While these benefits may affect spousal support calculations in some cases, they remain separate from marital property division.
Contact True Law Firm
True Law Firm is dedicated to guiding military families through the unique challenges of divorce with care and determination. We intentionally maintain a low client-to-attorney ratio to ensure you receive direct, one-on-one support from an attorney who genuinely cares about your future. Schedule a consultation today to discuss your military divorce with True Law Firm.
