Military Divorce Is Complex

Military families often have spouses who hail from one state, marry in another state, live or are stationed in a different state and own property in yet another state. This is only one example of a factor that makes military divorce cases uniquely complex.

When filing for a military divorce, factors like these make it worth your while to obtain a lawyer with a proven record of positive outcomes in cases like yours. At Jamie Graham & Associates, PLLC, in San Antonio, we have over 30 years of combined experience handling family law issues involving military personnel and their spouses and former spouses. We handle divorce and all related issues, including property division, child custody and visitation, child support and spousal support.

Determining Jurisdiction

One of the first steps in a military divorce is determining which state or country has jurisdiction over the divorce. To file for divorce in Texas, you must first establish residence by living here or being stationed here for six months. You must also have lived in or been stationed in the county where filing for divorce for at least 90 days prior to filing.

What if you are a service member who is domiciled in Texas, but have spent time during deployment outside of Texas? The Texas Family Code provides that the time you spend outside the county of residence while in U.S. military service is considered time spent toward residency. Therefore, the periods of absence are not counted against you in terms of meeting Texas residency requirements. In other words, so long as Texas is your legal domicile, your service to our county elsewhere will not prevent you from filing your divorce case here.

Process Of Service: Serving the Divorce Petition

Serving the divorce petition can be a complicated issue in military cases. For example, suppose you are domiciled in Texas and filing for divorce, but your spouse is a resident of another state and in the process of a Permanent Change of Station (PCS) to a foreign country. What if the situation is further complicated by the fact that your spouse is also about to be deployed from that foreign country to Iraq? Where does service of process occur?

Our attorneys can spot jurisdiction and service issues and determine how the divorce petition will need to be filed and served. Establishing jurisdiction and process of service merely scratches the surface in terms of the many issues you must address in military divorce. Compared to civilian divorce, the way in which military divorce matters are handled can vary greatly. It is wise to choose an attorney with extensive experience in military family law.

Free Military Divorce Consultation

Military personnel and spouses: We encourage you to contact us to discuss your case, whether you or your spouse is stationed in the San Antonio area or elsewhere. Call 210-764-3468 or send an email to schedule a meeting.