Question 1

Where do I file for divorce if my spouse is stationed in Texas?

Accepted Answer

Texas courts have jurisdiction if either spouse has been a Texas resident for at least six months and a resident of the county where you file for at least 90 days. Being stationed at JBSA, Lackland, Randolph, or Fort Sam Houston typically satisfies the residency requirement for the service member.

Question 2

Can I file for divorce while my spouse is deployed?

Accepted Answer

Yes, but the Servicemembers Civil Relief Act (SCRA) gives deployed service members the right to request a stay (delay) of proceedings if military duty materially affects their ability to participate. This can pause your case for 90 days or more. We help clients navigate these timelines strategically.

Question 3

What if we got married in another state but live in Texas now?

Accepted Answer

Texas courts can grant a divorce regardless of where you were married, as long as the residency requirements are met. Texas law will govern the division of property and other issues in the divorce.

Question 4

Does it matter which spouse files first?

Accepted Answer

In Texas, there is generally no legal advantage to filing first. However, acting early allows you to establish the terms of temporary orders and set the tone for the case. We recommend consulting with an attorney before your spouse files if you believe divorce is imminent.

Question 5

Is military retirement pay divided in a Texas divorce?

Accepted Answer

Yes. Texas treats military retirement pay earned during the marriage as community property. The portion earned during the marriage is subject to division, while the portion earned before or after the marriage is the service member's separate property. The calculation uses a "time rule" formula.

Question 6

What is the 10/10 Rule?

Accepted Answer

The 10/10 Rule refers to the requirement under the Uniformed Services Former Spouses' Protection Act (USFSPA) that the marriage must have overlapped with at least 10 years of creditable military service for DFAS to pay the former spouse's share directly. If this threshold is not met, you are still entitled to a share — but the service member must pay you directly, which is harder to enforce.

Question 7

Can I keep my military health insurance (TRICARE) after divorce?

Accepted Answer

Possibly. Under the 20/20/20 rule, a former spouse may retain full TRICARE benefits if the marriage lasted at least 20 years, the service member served at least 20 years, and there was at least a 20-year overlap. The 20/20/15 rule provides one year of transitional coverage if there was at least 15 years of overlap. These are strict thresholds — we help clients understand exactly what they qualify for.

Question 8

What happens to the Survivor Benefit Plan (SBP) in a divorce?

Accepted Answer

SBP provides a monthly annuity to a beneficiary if the retired service member dies. In a divorce, the decree can require the service member to elect "former spouse" coverage. This election must be made at the time of divorce and cannot be changed later — making it one of the most critical issues to address in a military divorce.

Question 9

Is VA disability pay divided in a divorce?

Accepted Answer

No. VA disability compensation is not divisible as community property under federal law. However, when a service member waives retirement pay to receive VA disability pay, it can reduce the amount available for division. The Supreme Court's decision in Howell v. Howell (2017) confirmed that states cannot require a service member to indemnify a former spouse for this reduction.

Question 10

What about the BAH (Basic Allowance for Housing) during the divorce process?

Accepted Answer

BAH is a military allowance, not retirement pay, and is generally not divisible as property. However, it may be considered as income when calculating child support or spousal support obligations during and after the divorce.

Question 11

Can a court change my custody arrangement because I'm being deployed?

Accepted Answer

Texas courts cannot permanently modify custody solely because a parent is being deployed. Deployment alone does not constitute a "material and substantial change in circumstances" required for a permanent modification. However, temporary orders are often necessary to address the deployment period.

Question 12

Can I give my parenting time to a family member while I'm deployed?

Accepted Answer

Yes. Under the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), which Texas has adopted, a deployed parent can delegate their visitation rights to a family member — such as a grandparent, aunt, or uncle — during the deployment period. This must be done through a proper court order.

Question 13

What happens to my custody rights when I return from deployment?

Accepted Answer

Your original custody order should be reinstated when you return. If the other parent refuses to comply or has obtained a modification during your deployment, we can file to enforce or modify the order. Courts are generally protective of returning service members' parental rights.

Question 14

How do I maintain contact with my children while deployed overseas?

Accepted Answer

Texas courts increasingly recognize virtual visitation — video calls, phone calls, and electronic communication — as a meaningful form of parenting time. We can include specific virtual visitation provisions in your parenting plan to ensure your right to regular contact is protected and enforceable.

Question 15

How is property divided in a Texas military divorce?

Accepted Answer

Texas is a community property state. Property acquired during the marriage is generally divided equally, though courts can divide it in a "just and right" manner based on the circumstances. Separate property — owned before marriage or received as a gift or inheritance — is not subject to division.

Question 16

What happens to our home if one spouse is stationed elsewhere?

Accepted Answer

The family home is community property if purchased during the marriage. Options include selling the home and splitting proceeds, one spouse buying out the other's interest, or a deferred sale arrangement. We help clients evaluate which option makes the most financial sense given their specific situation.

Question 17

Is the military pension the only retirement asset we need to divide?

Accepted Answer

Not necessarily. If either spouse has civilian retirement accounts, IRAs, or TSP (Thrift Savings Plan) contributions, those may also be community property subject to division. A Qualified Domestic Relations Order (QDRO) or similar order may be required for non-military retirement accounts.

Question 18

How is child support calculated for a service member?

Accepted Answer

Texas uses income-based guidelines for child support. For service members, income includes base pay and may include BAH and other allowances depending on the circumstances. We ensure the correct income figure is used so child support is calculated fairly.

Military Divorce FAQs

Jurisdiction & Filing

Military Retirement & Benefits

Child Custody & Deployment

Property & Finances

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