Austin Military Divorce Lawyer
Serving Travis County, Williamson County & Bexar County
Military divorces tend to have additional steps that are not necessary for civilian divorces. This remains true even if both spouses are active duty military personnel, in the National Guard, or reservists.
The reason why military divorce is more complex is because military families face certain unique challenges that other families do not. There are federal laws that governing the steps involved in a military divorce that do not apply to civilian divorces.
At Hembree Bell Law Firm, PLLC, an Austin military divorce attorney can ensure that your legal proceedings are conducted as required by the state and federal law.
Call Hembree Bell Law Firm, PLLC at (512) 768-9737 to schedule your consultation with a military divorce lawyer near you.
Divorce When a Spouse Is Deployed
If your spouse files for divorce while you are deployed, then you can use the Service Member’s Civil Relief Act (SCRA), which gives you an additional 90 days to respond to divorce papers. SCRA also allows you to request a delay in the divorce hearing until after you have returned from your deployment.
You may need to go this route if your divorce is likely to be contentious, and also because judges are not always open to conducting hearings over the phone. This does not mean you cannot conduct your divorce from a distance.
Conducting your divorce from a distance is a reasonable option if you and your spouse are likely to agree on all issues. In this situation, your military divorce attorney can handle your divorce from a distance and all you will need to do is sign and email scanned documents back to your lawyer.
When Your Spouse Lives in a Different State
Even though military service members are sent to different places around the world, your state of residence is the state where you hold legal residence. If your spouse files for divorce in a different state, that state will handle the divorce proceedings. Your state will handle the divorce proceedings if you file for divorce personally.
You can file for divorce in Texas if you deployed or are stationed in Texas even if you are not a long-term resident and even if you don’t intend to stay in Texas; however, if you are not deployed in Texas, then you will need to be a legal resident to file. Your spouse will also have to be a legal resident to file in Texas.
Property Division for Military Divorce
All property obtained during the course of a military marriage will be subject to a 50-50 split in Texas. Assets you acquired as gifts or your inheritance will not be subject to division. The Uniformed Services Former Spouses Act (USFSPA) governs how property—such as houses, cars, military benefits, and retirement pay—will be divided.
Retirement pay will be divided even if the military member is not receiving retirement pay. However, there are eligibility requirements that former military spouses must meet to get military retired pay. They must have been married for 10 years or longer while the military member performed 10 years or longer of military service.
Military Child Support & Custody
Child custody is often complicated for military divorce because of deployment and stateside assignments. It is usually up to the parents to come up with a child custody plan that works for both of them. Child support is calculated and determined by a state standard calculation.