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What makes the divorce process different for military members ?

On Behalf of | Dec 6, 2022 | Military Divorce

Every divorce has unique circumstances and can become more complex depending on a number of circumstances.

When one or both spouses are members of the military, the process may require more patience and consideration.

Residency requirements

The nature of military service is that families move around often. Texas law makes it simple to determine if you are eligible to file for divorce in the state. If your military station is in Texas or your deployment came from the state, you can file. You must also be a resident of the county for at least six months to apply through the local court.

Serving divorce papers

Federal law states an active-duty service member must receive the papers in person. If you file a divorce while your military spouse is on deployment, the process may be significantly longer. Additionally, active-duty military servicepeople have more time to respond than civilians.

Child custody agreements

The court handles custody of minor children relatively the same in civilian and military divorces. However, the couple will need to work out a formal plan for parenting should the military member expect deployment in the future.

Division of property

Again, the division of property in a military divorce is similar to a civilian divorce. In general, the court divides the communal property. However, the distribution of military retirement and health insurance benefits is unique.

Factors that can affect divorce proceedings include the length of the marriage and how long the military service member was on active duty during the marriage.