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Enduring a divorce while a spouse is an active member of the military can be troubling for a family. There are a number of questions that may arise about a military divorce, like how it can affect military benefits held by a spouse. Fortunately, an experienced lawyer can help alleviate these concerns. If you are going through a divorce, you should consult with an Arlington TX military divorce lawyer.
The Queenan Law Firm, P.C., recognizes the stress that can be placed upon a servicemember and their family during a divorce, and we are here to represent you. To schedule a free legal consultation, contact the Queenan Law Firm, P.C. at (817) 476-1797. You can also contact the firm online.
Military Divorce Laws in Texas
If one or both spouses in a marriage are considered active-duty military personnel, and they wish to divorce, they must undergo procedures for a military divorce. Texas has enacted a number of laws that address military divorces and how they should be conducted.
There are several laws in place to ensure that divorce proceedings do not blindside active members of the military. For example, the Servicemembers Civil Relief Act (SCRA) is a federal law that provides that a court has the discretion to postpone a military divorce while a service member is on active duty and for 60 days after the service member is not on active duty. However, the SCRA also allows a service member to waive the protection provided by this law.
Additionally, Texas has enacted other divorce protections for servicemembers. For instance, to commence a divorce proceeding against a military spouse, the military spouse must be served their divorce papers in person. If the military spouse does not contest a divorce, the conditions for service of process can be waived by the military spouse.
Residency + Filing Requirements for a Military Divorce in Arlington, TX
Generally, divorces are typically filed in the state where the spouses reside. However, the residency requirement for a military divorce can cause some trouble.
To file for a military divorce in Texas, the military spouse or their mate must have been a resident of Texas for at least six months, and they must have been a resident of the county for at least three months.
If the service member does not qualify for residency in Texas, it may be necessary for a spouse to file a divorce proceeding in a different state where the service member is stationed. However, if a service member is stationed overseas, the divorcing spouse will likely have to wait until they return.
To learn more about how property division for military divorces, you should continue reading and contact an experienced Arlington, TX military divorce attorney as soon as possible.
Property and Asset Division for Military Divorces in Arlington, Texas
Property and asset division for military divorces is largely the same as civilian divorces. The court will look at a variety of factors that will influence how the property and assets accumulated during a marriage will be distributed. It is important to note that Texas is a community property state. The effect of this law is that property that was acquired during the course of the marriage is considered the property of both spouses.
There are some exceptions to the community property rule. For example, if a spouse purchased a vehicle prior to the marriage, the vehicle will be considered separate property that is not subject to being distributed as community property. Other examples of separate property include:
- Property inherited by one spouse
- Property received as a gift by one spouse
- Awards for a personal injury claim filed by a spouse
Note, however, that a spouse is required to identify community property as separate property if they wish to avoid having the property split between spouses.
As mentioned, the court will analyze various factors when distributing community property. One of the most relevant factors is whether the spouses shared children from the marriage. If so, the custodial parent will likely receive a larger share of the property in order to provide for the children. Additional factors considered for asset distribution include:
- Education Level – After the divorce, each spouse will likely have to pursue employment if they are not working already, a disparate gap in education level can affect a spouse’s ability to gain employment. For example, if one spouse possesses a law degree while the other possesses only a high school diploma, this can affect the distribution of property.
- Physical Health – If a spouse was responsible for caring for the other due to a serious illness or disability, the disabled spouse may require services to aid in their care.
- At-Fault Divorce – If a spouse committed a wrongful act to their partner, this could affect the distribution of property. For example, if a spouse commits adultery, this is grounds for an at-fault divorce and a favorable split of community property.
This is not an exhaustive list. There are other factors considered during the distribution of assets, like the size of the marital estate. As evidenced above, while community property is often split 50/50 between the spouses, there are circumstances that may increase or decrease that split.
Consult Our Committed Arlington, TX Military Divorce Attorney to Discuss Your Case
If you are an active member of the military, and you are in the midst of divorce proceedings, contact an experienced Arlington military divorce attorney. The Queenan Law Firm, P.C., is dedicated to providing you with the legal representation that you deserve to manage your divorce case. You do not have to fight your case alone, contact The Queenan Law Firm, P.C. at (817) 476-1797 for a free legal consultation.