Military life often means moving from place to place. But what happens when a military service member wants to file for divorce in Texas while stationed elsewhere? Understanding residency requirements is crucial. Texas law requires that at least one spouse has lived in the state for six months and in the county where the divorce is filed for 90 days. For military members, this can be a bit different. If Texas is your home of record, you may still file for divorce there, even if you’re stationed outside the state. This is a key point for many service members who maintain Texas as their legal residence.

How Can I Navigate Residency Requirements for Divorce While Stationed Outside Texas?

Texas law typically requires that one spouse reside in the state for at least six months and in the county of filing for at least 90 days. For military service members, however, there are special provisions. If Texas is your home of record—even if you’re stationed elsewhere—you may still file for divorce in the state. You can use your Leave and Earnings Statement (LES) to show that Texas is your legal residence. If your spouse does not challenge the choice of residency, your word under oath is all that is needed.

Additionally, if your spouse currently resides in Texas, that may also satisfy the residency requirement. Only one spouse must reside in Texas or claim Texas as their home. These options make Texas a practical venue for divorce, even if your military duties have taken you out of state.

What Are the Steps to Initiate a Divorce While Stationed Outside Texas?

Once you confirm residency, initiating the divorce process involves several steps. First, gather all necessary information and documents. This includes marriage certificates, financial records, and any relevant military paperwork. Next, have your attorney file a petition for divorce in the appropriate Texas court and submit the filing fee. In Texas, all filings are done electronically. After filing, the court will issue a case number and a citation, which must be served to your spouse unless your spouse signs a waiver of service before a notary.

What Documents and Forms are Required for Military Members to File for Divorce in Texas?

Filing for divorce involves a lot of paperwork. For military members, this includes specific forms and documents. Start with the Original Petition for Divorce, which outlines your request for divorce and any initial claims regarding property or children. 

Military members should also prepare a Military Affidavit. This document confirms whether your spouse is in the military, which affects their rights under the Servicemembers Civil Relief Act. If children are involved, a Suit Affecting the Parent-Child Relationship form is necessary. This addresses custody, visitation, and child support.

Your attorney will prepare the Final Decree of Divorce. It is important that you read that document carefully before signing and ask any questions you might have. In order to prepare that decree, your attorney will need specific descriptions of all your property and debts. If there is a house to be awarded to one party or the other, then a deed will need to be prepared, signed before a notary, and recorded.

If your spouse fails to answer the lawsuit after being served, a default divorce can be entered in which case you will need to sign a certificate of their last known address. If there is to be a division of military retirement, there is a separate order that must be signed and a certified copy sent to DFAS afterwards. 

How Can I Address Challenges in Serving Divorce Papers While Stationed Outside Texas?

Serving divorce papers while stationed outside Texas can be challenging. One option is to hire a process server, a professional who delivers legal documents to the intended recipient. This can be particularly useful if your spouse resides in Texas, as the process server can ensure the papers are delivered in accordance with state laws. Alternatively, certified mail with a return receipt can be used, providing proof that the papers were received by your spouse. If necessary, we can even serve via social media.

If your spouse is also in the military, additional considerations come into play. The Servicemembers Civil Relief Act offers protections that may delay proceedings, such as a stay of proceedings if the service member is unable to attend due to military duties. In such cases, obtaining a waiver of service may be necessary, allowing the divorce to proceed without the need for formal service of papers. If you are the spouse who wishes to delay the proceedings due to your military assignment, it is important to get a letter from your commanding officer stating that you cannot attend court. However, many times, attendance in court may be accomplished by Zoom, and if an agreement is reached and both parties sign the Final Decree, then no court attendance is required if you sign a proper affidavit to prove your residency and other routine facts.

How Can I Protect My Rights and Interests During a Military Divorce in Texas?

Protecting your rights and interests during a military divorce requires a strategic approach and a thorough understanding of the legal landscape. One of the most significant considerations is the division of military benefits. Texas law allows for the division of military pensions, Thrift Savings Plans, and other benefits, but the specifics can vary. The Uniformed Services Former Spouses’ Protection Act provides a framework for dividing military retirement pay, but it’s essential to understand how these rules apply to your situation.

Child custody and visitation rights are also critical factors. Military life can mean frequent moves and deployments, which impact custody arrangements. Texas courts prioritize the child’s best interests, considering factors like stability and the ability to maintain a relationship with both parents. Developing a comprehensive parenting plan that accounts for potential deployments and relocations can help ensure a fair arrangement. In some cases, the deployed service member may obtain an order that they can make up for lost time with their children when they return and in other cases, a grandparent may exercise the service member’s custody rights.

Effective communication with your spouse and legal counsel is vital to addressing these challenges. Open dialogue can help resolve issues before they escalate, while legal counsel can provide valuable advice and representation. By taking a proactive approach, you can protect your rights and work towards a fair resolution.

How Can Military Service Members Ensure a Smooth Divorce Process in Texas?

A smooth divorce process requires effective communication and cooperation. Open dialogue with your spouse can help resolve issues before they escalate. Discussing expectations and concerns early can prevent misunderstandings and foster a more amicable process.

Strategies for resolving disputes are also essential. Mediation can be a valuable tool, allowing both parties to negotiate and reach a settlement without going to court. Mediation can often be accomplished via Zoom. This approach can save time and reduce stress. If disputes arise, addressing them promptly with the help of legal counsel can prevent them from derailing the process.

Staying organized is another key strategy. Keep track of all documents, communications, and deadlines. This helps ensure nothing is overlooked and the process moves forward smoothly. If you’re unsure about any aspect of the divorce, seek guidance from your attorney.

How Can an Attorney Help Me With My Military Divorce in Texas?

Navigating a divorce can be complex, especially for military members. Legal assistance can make a significant difference. Our attorneys understand the unique challenges military families face, from residency issues to the division of military benefits. If you’re considering a divorce while stationed outside Texas, call South TX Family Law today at 210-775-0353 to schedule a consultation.