Contrary to what people sometimes believe, military divorces are not subject to military law. Instead, the same laws applied to military divorces as to civilian divorces. The specific laws that guide the divorce process for military personnel and their spouses depend on the current location of the family.
The base where they live or serve is likely to impact the jurisdiction for divorce proceedings. Those who have been in Texas for six months or longer can file a divorce in the Texas family courts. Their divorce proceedings are subject to the same rules and issues as any other divorce. However, there are certain special considerations that the spouses in the courts may need to factor into negotiations or litigation.
Delays in divorce proceedings
Some people file their divorces at a specific time in the hopes of securing more control over the process. People married to service members might attempt to initiate divorce proceedings while they are deployed or actively training. In such scenarios, the service member spouse may not be able to respond appropriately or attend family court proceedings.
Service members may need to invoke the Servicemembers Civil Relief Act to delay the divorce until they can give it their full attention and be physically present. Typically, service members can request delays that last until they return from training or deployment. They may have up to 60 days after that day to prepare before the divorce proceeds.
Custody complications
When military divorces involve minor children, the spouses may need to proceed very carefully. The custody arrangements may need to include terms for a variety of circumstances. Service member parents may want to request virtual visitation during training or deployment. They may also need to update the family care plan that they have on record so that the chain of command is aware of their new family circumstances.
Benefits issues
Service members receive a number of valuable benefits that they may need to address when they divorce. Military pensions may be subject to division. Service members may need to notify their chain of command about changing family circumstances to modify their various benefits. Non-military spouses may also need to prepare for the termination of any military benefits that they receive, including housing benefits and Tricare medical coverage.
Learning more about the rules that apply during Texas divorces and military divorces in particular can help people as they prepare. With attention to detail and the right focus, service members and their spouses can navigate divorce successfully.