Divorce is never an easy transition, but if you are facing a military divorce, there are additional challenges built into the process. If you are going through a military divorce in the State of Texas, you need trusted legal representation backing you up. At The Law Office of Brett H. Pritchard you can meet with an experienced Waco military divorce attorney to find the help you are looking for.

The Residency Requirements in Waco

To begin, every divorcing couple – whether military or not – must meet all residency requirements in Texas. 

All Divorcing Couples

At least one spouse in every Texas divorce must have lived in the state for at least the six months prior to filing. Further, one of the spouses must have lived in the county filed in in for at least the 90 days prior to filing. The filer can choose between the two counties if each spouse qualifies in a separate county.

Members of the Military

Military members who are stationed in or are deployed from Texas can file for divorce in the state. This can, however, trigger jurisdictional challenges when there are competing states involved. For example, if your divorcing spouse is stationed in Texas but you meet the divorce residency requirements in another state, it can amount to an additional layer of complications.

Service of Process

In a Texas military divorce, the divorce papers must be served to the active duty servicemember personally. If the servicemember is deployed, it can slow down the divorce process, and if they are deployed overseas, the delay is likely to be even more prolonged. 

Stay of the Divorce Proceedings

The Servicemembers Civil Relief Act (SCRA) ensures that servicemembers can request postponements of divorce proceedings in the event their duties prevent them from effectively participating in the legal process. This means that, if your divorcing spouse is deployed, they can seek a postponement of the divorce until their return.

Issues to Keep in Mind

The terms that couples must resolve in military divorces are the same as those that must be resolved in any other divorce. There are, however, considerations that it is important to keep in mind, including:

• The goal is to afford both parents a considerable amount of parenting time. Due to the deployments and relocations servicemembers face, more scheduling flexibility is required. 
• Military divorces employ the same equitable distribution of marital assets that other divorces do, but there are additional complications that relate to service-related entitlements and benefits. The length of the marriage and the amount of time served in the military during the marriage play a key role in how these are addressed.  

An Experienced Waco Military Divorce Lawyer Can Help

Brett Pritchard at The Law Office of Brett H. Pritchard is a resourceful Waco military divorce attorney with a proven track record for ably guiding military divorce cases toward favorable resolutions that support our valued clients’ best interests. We are here for you, too, so please do not hesitate to reach out by contacting or calling us at 254-781-4222 today.