Jamie Graham & Associates, PLLC
Schedule A Free Consultation 210-764-3468

What Military Spouses Need To Know About Divorce

As the spouse of someone in the Army, Navy, Air Force, Marines or another branch of the military, your marriage has come with unique challenges, such as dealing with deployment and permanent change of station (PCS) orders. So you should not be surprised that your divorce is going to come with unique challenges as well.

Here are some of the issues that military spouses must keep in mind when going through a divorce:

Determining Where To File For Divorce

If you and your spouse have recently relocated or are living in different parts of the country, there may be questions about where to file your military divorce. Texas has very specific residency requirements that need to be met, and those requirements address military personnel stationed here.

Serving Divorce Papers

If you are initiating the divorce and your spouse is stationed out of state or overseas, serving divorce papers becomes much more complicated. Great care must be taken with service of process, as any missteps at this early stage could come back to haunt you.

Delaying The Divorce

Military personnel are granted some protections by the Servicemembers Civil Relief Act (SCRA). One of them is the ability to get a stay to delay the divorce process when they are on active duty. The initial stay can last 90 days, and the court can grant extensions if necessary until the individual's duty allows them to respond.

Dividing Military Retirement Accounts

Military pensions and retirement accounts are subject to property division. In other words, military spouses may be eligible to get a portion of the account as part of the property settlement, depending on a variety of factors. However, this is a unique asset and there are specific rules and methods for dividing it.

Making Child Custody Plans

Child custody, called conservatorship in Texas, is one of the most complex aspects of all divorces, but it is even more complicated in military divorce cases. Parents frequently end up in different parts of the country, or in different countries altogether. This brings the challenge of creating arrangements that allow the child to spend time with both parents. Are phone calls and Skype sessions sufficient? Will the child travel to see one parent? How often, and who will pay the travel expenses?

Establishing Child Support Payments

Members of the military are not off the hook for child support payments. In fact, they are held to a higher standard in these matters. Still, care must be taken in order to ensure that child support payments are properly calculated.

Discuss Your Case With An Attorney Who Understands Military Divorce

At Jamie Graham & Associates, PLLC, we have worked with the spouses of servicemen and servicewomen stationed at Fort Sam Houston, Lackland Air Force Base, Randolph Air Force Base and USO San Antonio, as well as military bases worldwide. We know how to address all challenges that come up in these cases.

No Comments

Leave a comment
Comment Information
email us for a response

Get In Touch With Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Jamie Graham & Associates, PLLC
310 South St. Mary's Street Suite 2500
San Antonio, TX 78205

Phone: 210-764-3468
Fax: 210-308-5669
San Antonio Law Office Map