Military Couples and Divorce

Military families have unique pressures put on their lives that civilian families generally don’t have to deal with. Understandably these families are placed under a great deal of stress, especially in times of war when spouses and other family members are deployed overseas. On top of these unique circumstances, military couples also have to cope with the day to day pressures of working, tracking finances, raising children, and juggling a busy schedule. Like other couples, sometimes military couples find that their marriage is not working out and may seek a divorce.

Service Members Civil Relief Act

While a divorce involving a military couple is very similar to a civilian divorce, there are some special provisions to consider. One of these is the Service Members Civil Relief Act, which protects servicemen and servicewomen from lawsuits while on active duty, including lawsuits for divorce. A lawsuit against a service member may be delayed while he or she continues to serve on active duty and up to 60 days after their active duty term has ended. If you are considering divorce, the legal proceedings could be delayed for many months.

Residency and Filing for Divorce

To file for divorce in state, Texas law requires that at least one spouse meet residency requirements, or that at least one spouse be stationed in Texas. To have Texas residency, a person must have been a resident of Texas for at least six months. If you and your spouse are living in two different states, you may have a number of states to choose from when deciding where to file for divorce. Once you file for divorce in Texas or another state, all aspects of your divorce-including property division, child custody, and child support-will be decided based on the laws of that state.

These are just a few of the considerations that military couples should keep in mind when filing for divorce. While the divorce proceeding itself will be carried out according to state laws just like a civilian divorce, the timing and circumstances of the divorce may differ because of one spouse’s military commitment.

Contact Us

To learn more about the special circumstances surrounding military divorces and what you need to know before proceeding with your divorce, don’t hesitate to contact experienced the Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431.