There are unique issues that arise in a military divorce, as opposed to a one between two civilians. It is important for your divorce attorney to fully understand these differences, so he or she can actively protect your rights and interests in any issue that may arise.
About Military Divorce
When a husband or wife is on active duty, there are several issues that may apply. Specific laws protect a serviceman or woman from being held in “default” for a delayed response to a divorce action. These laws are crucial in that they protect active members of the military from being divorced without even knowing it. Questions may also arise as to which state a military divorce may be filed in. The grounds for a military divorce are the same as a civilian divorce, but addressing child support, spousal support and property division may be slightly different.
When a couple decides that they no longer want to be married and are living in the state of Texas, there are state-specific rules regarding divorce that the individuals must abide by. However, if one or both spouses are in the military, there are some additional regulations that must be followed in order for the divorce to be recognized by the state.
Postponing The Divorce
In the state of Texas, it may be necessary to postpone divorce proceedings if one spouse is deployed in another state or country, and for up to 60 days after the spouse returns to Texas, according to the Soldiers and Sailors Civil Relief 50 UCS section 521. If the spouse serving in the military wishes to get the divorce, and wants to have the proceedings begin right away, he can waive the right to have the divorce delayed.
Serving The Military Spouse
In order for Texas courts to legally preside over the divorce case, the spouse who is in the military must be served with a summons and a copy of the divorce action in person. In an uncontested divorce (when both parties agree to end the marriage), the military spouse may not have to be served with papers if she signs a waiver that acknowledges the pending divorce.
Call & Get Guidance Through Your Military Divorce
If you are struggling with a difficult legal problem, we will protect your interests and your future. Call or contact my office by email to schedule an appointment with an experienced legal mind.