If you are a service member or married to one, divorce can be even more complex than a typical civilian case. Military divorces involve unique legal considerations that require the guidance of an experienced military divorce lawyer in Texas. At Mims Ballew Hollingsworth, our board-certified divorce lawyers understand the laws affecting military members and can help you protect your rights, benefits, and future.
A military divorce in Texas involves the same core issues as any other divorce, including:
However, military family law issues often require special handling due to deployment schedules, federal protections, and rules governing retirement benefits.
Under Texas law, divorce papers must be served in person. For military members on active duty—especially those deployed overseas—this can be challenging.
The Servicemembers Civil Relief Act (SCRA) offers important protections to active-duty service members, including:
These protections help prevent default judgments and ensure service members have a fair opportunity to participate in the case.
Texas is a community property state, which means assets acquired during the marriage must be divided fairly. For military divorces, federal law—including the Uniformed Services Former Spouses’ Protection Act (USFSPA)—sets special rules for dividing retirement benefits.
Child custody decisions are always based on the best interests of the child. In a military divorce, deployment can make creating a workable parenting plan more complex.
Courts may include special provisions, such as:
The child support calculation in a military divorce follows Texas guidelines, but deployment and overseas pay structures can create complications. Military pay—including base pay, housing allowance, and special pay—may factor into support calculations. Tax implications can also differ for service members stationed abroad.
A military divorce attorney understands both Texas family law and federal laws that protect service members. The team at Mims Ballew Hollingsworth:
We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.
If you are facing a military divorce in Texas, you need a law firm that understands the intersection of civilian and military law. At Mims Ballew Hollingsworth, our military divorce lawyers provide strategic, compassionate, and results-driven representation for service members and their spouses.
Contact us today to schedule a free confidential consultation and learn how we can protect your rights, your benefits, and your future.
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While the core divorce terms—property division, child custody, child support, and alimony—are the same, military divorces are subject to additional federal and state rules. These include protections under the Servicemembers Civil Relief Act (SCRA), unique rules for dividing military retirement pay, and custody considerations for deployed parents. Navigating these complexities requires a lawyer experienced in military divorce law.
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Texas courts can treat military retirement pay as community property. Generally, the non-military spouse is entitled to a portion, if the marriage lasted at least 10 years during active service. Certain payments—such as VA disability compensation—are excluded from division. Each case is unique, so careful calculation and legal strategy are essential.
Yes. The SCRA allows deployed service members to request a delay in divorce proceedings if their duties prevent them from participating. They typically receive an additional 90 days to respond after being served, and courts can grant further extensions until the service member can attend. This ensures both parties have a fair chance to present their case.
Most former spouses lose military benefits after divorce unless they qualify under the 20/20/20 rule—20 years of marriage, 20 years of service, and 20 years overlapping. In that case, they may keep full commissary, exchange, and TRICARE benefits. Those who do not qualify may be eligible for temporary coverage under the 20/20/15 rule or the Continued Health Care Benefit Program (CHCBP).
Custody decisions still focus on the child’s best interests. However, military service can affect parenting plans, especially during deployments. Plans may include virtual visitation schedules, extra parenting time when the service member is home, and special provisions for long-distance travel. Courts may also allow grandparents or relatives to step in during deployments.
Possibly. Texas child support is based on a percentage of net monthly income, which can include Basic Allowance for Housing (BAH) and certain special pay types. However, not all allowances are included, and courts evaluate each case individually to ensure fairness.
If your spouse is deployed, divorce papers must still be served in person unless they voluntarily waive service by signing an affidavit in an uncontested case. Serving a deployed spouse often requires working through military channels or hiring a professional process server familiar with military procedures. This can take extra time and planning.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
