Military Divorce Attorney

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.

Military Divorce

Being in the military can present unique issues for both spouses during the divorce process. [*Divorce page]. Many of the same laws will apply. The court must still divide property and make child custody orders. Here are a few common issues we see in a military divorce:

Servicemember’s Civil Relief Act (“SCRA”). The SCRA is a federal law. The idea behind the law is to protect military members 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.

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. However, there is federal law that 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 spouse’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

When one or both parents are in the military, a child custody order may need to look different from a standard order. [*child custody]. 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 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 members and their families have unique needs. Our lawyers have experience with these matters and are eager to help with your situation.