Austin Military Divorce Lawyer

Whether you are on active duty and stationed abroad or your ex-spouse is in the military, we are here to help you with your military divorce and child custody questions.

Contact us today to schedule your personalized consultation. We are available by phone, 512-201-4083, or email

Military Divorce

Military divorces can present unique issues for both spouses during the divorce process, such as retirement benefits and child custody. Many of the same laws will apply to a military divorce. The court must still divide property and make child custody orders. Here are a few common issues we see in a military divorce:

divorce attorney Austin, TX
divorce lawyer Austin, TX

Servicememberโ€™s Civil Relief Act (โ€œSCRAโ€)

The Servicemembers Civil Relief Act is a federal law to help protect military personnel who are unable to participate in a divorce or custody case due to their military service. The SCRA may allow extra time for a military member to participate in a divorce. It also prevents the court from granting a default judgment against the military member.

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Protection of Certain Military Benefits

Texas is a community property state. This generally means that all property owned by the spouses belongs to them both and can be divided in a divorce. Military pensions can also be considered marital property. However, federal law protects certain types of military benefits from division by the divorce court.

Health Insurance and Other Benefits for Spouses

During a divorce, health insurance is especially important for the spouse who is covered through their spouseโ€™s employer. Once the divorce is complete, the non-employee spouse will eventually lose coverage. However, depending on the length of a marriage and the number of years of military service, some military spouses may be entitled to ongoing military benefits after divorce.

Child Custody and the Military

For military families, a child custody order may need to look different from a standard order. This is especially true if the parents live in different states or may be deployed for an extended time period. If the military parent lives out of state, the order would need to account for the long-distance travel of the children. While electronic communication is not a substitute for actual visitation, one option is to have specific days and times set aside for Skype contact with the children.

Texas law also has special provisions for family members of parents serving the military. In some instances, a court may appoint a third party to step into the shoes of a deployed parent to exercise their possession time.

We understand that our military families have unique needs. Our family law attorneys have experience with these matters and are eager to help with your situation.

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