Are you or your spouse currently serving in the military and considering divorce in Austin, TX? Military divorces often add legal and logistical challenges that civilian divorces simply don’t have.
At Kazen Family Law & Divorce Lawyers, we understand the unique challenges military families face during divorce. Our legal team brings decades of experience in family law, including military divorces, and understands overlapping state, federal, and military laws that apply to these cases.
Contact our Austin military divorce lawyers today to schedule your initial consultation. We’re standing by to assist you.
Divorce is never an easy decision. When one or both spouses are active-duty military, it provides another layer of complexity.
At Kazen Family Law & Divorce Lawyers, we use decades of divorce law experience to meet the specific needs of military families. Our Austin divorce lawyers will walk you through the process and help you understand your rights and obligations under both Texas family law and federal military regulations.
When you hire us in Austin, Texas, you can expect:
Let us help your family transition through this difficult time. Call our Austin military divorce attorneys for a case review.
Military divorce in Texas deals with many of the same issues as civilian divorce, including:
However, federal law and active-duty military service provide unique wrinkles to each issue, including whether a non-military spouse is eligible for military benefits and how child custody should be handled for an individual subject to deployment.
Texas law will govern most of the divorce’s procedural features (e.g., filing requirements, grounds for divorce, etc.).
To file for divorce in Texas, at least one spouse must have lived in the state for six months and in the county where the divorce is filed for at least 90 days. Active-duty military personnel stationed in Texas typically meet these residency requirements, even if their legal home of record is in another state.
Alternatively, you may file in the state where you or your spouse claims permanent residence or where you last lived together as a married couple. This flexibility allows military families some leeway when determining jurisdiction.
Texas recognizes both fault and no-fault grounds for divorce. Most military divorces proceed under no-fault grounds (e.g., “insupportability”), meaning the marriage cannot continue due to conflict or incompatibility.
Other grounds include cruelty, abandonment, or long-term confinement in a mental institution. However, these are less common in military divorces.
Child custody matters can be especially complicated in military divorces due to the unique demands of service life. Deployment schedules, relocations, and time away from home can affect standard custody arrangements.
Texas courts prioritize the best interests of the child when determining custody and visitation.
Factors that influence the court’s decision include:
While frequent deployments don’t automatically disqualify a parent from receiving custody, the court may find that the other parent offers more day-to-day stability. However, courts often support flexible parenting plans that accommodate a service member’s duties while preserving their role in the child’s life.
Texas is a community property state, meaning marital assets and debts are divided fairly (but not necessarily equally) between spouses.
Military divorces follow the same rules, but additional factors come into play when dividing:
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows Texas courts to divide military retirement benefits. If the marriage lasted at least 10 years during overlapping military service, the non-military spouse may be entitled to receive direct payments from the Department of Defense. However, even without meeting the 10-year threshold, the non-service member spouse may still be awarded a share of military retirement in the divorce decree.
These and other rules are extremely complex. Working with a military divorce lawyer in Austin who understands federal benefit laws is crucial to getting the right outcome in your case.
Military divorce requires careful legal planning and strategizing to protect your future. At Kazen Family Law & Divorce Lawyers, we understand complex military laws and how to build a divorce case that satisfies your goals and achieves your family’s best interests.
If you are stationed at Fort Cavazos (formerly Fort Hood), Camp Mabry, or another military installation, our team is ready to help with your military divorce. Call or contact us online to schedule your confidential consultation with an Austin military divorce attorney.
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