Call the Law Office of Brett H. Pritchard today if you are getting divorced and either you, your spouse, or both of you serve or have served in the U.S. Armed Forces. We understand the unique challenges military couples face when dividing property, creating parenting agreements, and addressing complex matters such as benefits and retirement funds. Allow us to simplify your divorce by providing wise counsel and guidance from the very beginning.

Unique Challenges of Military Divorce

Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) protects spouses in active military service from court proceedings and civil actions, including divorce. This doesn’t mean you cannot file for divorce against a spouse who is on active duty, but it does mean your efforts to dissolve the marriage will likely be halted until their return or 90 days thereafter. You will likely be unable to proceed with your divorce until your spouse is able to appear in court.

Establishing Residency in Texas

Moving from state to state may pose a challenge for military couples who wish to divorce. Divorce laws vary by state, and a local court must have official jurisdiction before it can hear a family law case or allow two people to dissolve a marriage, which usually means that divorce must be filed in the locale where the filing spouse resides. However, residency requirements can sometimes be waived for military couples in which the filing spouse is not a legal resident of that state.

Alimony & Child Support

Active duty, deployment, and other aspects of military service pose financial challenges for servicemembers, their children, and ex-spouses. Though the paying spouse may be away for long periods of time or unable to communicate with children and former spouses, spousal maintenance and child support payments can be ensured through wage garnishment, voluntary payment, official court order, and other means, if necessary.

Parenting Time

The State of Texas addresses the parenting time schedule in terms of the involved children’s best interests. This generally means that the amount of time one parent is allowed to spend with the children will only be cut short if there is a serious reason for doing so. The same is true when requirements such as supervision apply. 

The goal is maximizing the amount of time each parent spends with the children, and this applies to military and nonmilitary divorces alike. However, when one parent is an active servicemember, it adds another layer of complication to the scheduling process. In response, the parent who is a servicemember is typically allowed additional time with the kids when their deployment ends.

Hammering out a schedule that works with your family’s unique scheduling requirements can be exceptionally challenging. Working closely with a compassionate military divorce attorney, however, can make a significant difference in how your parenting time concerns are resolved. 

The Division of Marital Property 

The division of marital property follows the same rules for both military and nonmilitary divorce cases – other than in relation to military benefits and pensions. When a couple divorces in the State of Texas, their marital assets must be distributed between them fairly in the context of the unique circumstances that apply. Even in a relatively straightforward divorce, this division of property can be a hotly contested issue. 

Marital Assets

Everything that you, your spouse, and the two of you together came to own during your marriage is considered marital, with the exception of the following:

Any gifts or inheritances that either of you received in the recipient’s name alone

Anything purchased with separate funds

The pain and suffering component of a personal injury claim initiated during the marriage

Assets like these and anything that either of you owned prior to marriage are considered separate assets. In order to maintain their separate nature, however, they must be kept separate throughout the marriage. Any commingling of separate and marital assets can weaken the distinction between them. 

Factors that Affect the Division of Marital Property

In Texas, marital assets must be divided in a manner that is considered just and right, which means fairly. While this can mean an equal division, it does not necessarily. The kinds of factors that play a critical role in the division of marital property in a Texas divorce include all the following:

• The length of the marriage
• The overall mental and physical health of each spouse
• The size of the marital estate and of each spouse’s separate estate
• Each spouse’s employability, including in terms of their level of education
• Any disparity in the spouses’ incomes
• Each spouse’s contributions to the marriage, including in terms of homemaking, caring for the children, and supporting the other’s career
• Whether marital wrongdoing is a relevant concern, which can have an effect even in a no-fault case
• The tax implications of the proposed property division 
• Any fraud on the community that leads to a decrease in the marital estate’s value, such as artificially spending down marital funds or giving things of value away.

Military Benefits & Pensions

Matters of military benefits are usually the most complex and confusing for divorcing couples, especially those who have been married for more than 10 years. The 10/10 rule dictates that spouses who have been married for at least 10 years of one spouse’s military service may be eligible to receive a share of their spouse’s military retirement benefits after divorce. State laws often dictate exactly how much pension a former military spouse may receive.

Spouse who have been married for more than 20 years of their partner’s military service may be eligible to receive full medical benefits and maintain exchange privileges and commissary access.

The Path Forward

To obtain a military divorce in Texas, the pleadings must be personally served to the spouse who is an active servicemember. While there are exceptions and workarounds, this service requirement can slow down the divorce process significantly. And overseas deployment can amplify the concern. 

SCRA also allows active duty servicemembers to request postponements if their military duties interfere with their ability to effectively participate in the legal process. This includes participating in court actions. Deployment can translate to lengthy delays.

Don’t Call Just Any Divorce Lawyer

Not all divorce attorneys are equipped to handle the complexities and unique difficulties that military divorce presents—but we are. When you call the Law Office of Brett H. Pritchard, you will have access to our in-depth knowledge and experience handling military divorce and family law cases, and we may be able to represent you during this challenging time. Connect with a member of our team as soon as possible and allow us to protect your best interests throughout the divorce process.