About Military Divorce

At Chernoff Law, we understand the unique problems that can affect a married couple in the military. There may be long periods of separation if one spouse is on active duty, and this places stress on the spouses and their children. Spouses who return from duty may have great difficulty in readjusting to family life, and marital relationships can also struggle.

In Texas, the grounds for military divorce are the same as those for civilian divorce. There are some differences in a military divorce proceedings, and a spouse who is considering a military divorce should seek out the appropriate information and legal advice before a decision is made. Our experienced team can provide the proper legal support and representation necessary for a successful conclusion to a marriage through a military divorce.

Military Divorce Issues

Attorneys who represent spouses in the armed forces must be knowledgeable in the federal laws that protect military personnel, such as the Soldiers and Sailors Civil Relief Act, U.S.C.A., Title 50. This act outlines the different procedures of divorce involving those individuals in the military from divorces in the courts for civilians. For instance, in order for you to qualify for a military divorce in Texas, you or your spouse must reside in Texas, and you or your spouse must be stationed in Texas. The law also states that the spouse who is on active duty must be personally served with a summons and a copy of the divorce action.

Common issues in a civilian or military divorce include the distribution of assets and real property, and other common issues include debt allocation, child support, custody and visitation, as well as spousal maintenance. Some divorcing couples can easily resolve their issues and conclude their marriage rapidly. Others may have difficulty reaching agreements and require the intervention of the court system in order to finalize their marriage with a marital settlement agreement.