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Marching On: Military Divorces Cases

Updated: Apr 15, 2024 @ 7:54 pm

Less than 1 minute Reading Time: Minutes

Divorces are challenging. However, the path is different when one or both spouses are in the military. At Tad Nelson & Associates, with decades of experience under our belts, we understand the unique intricacies of military divorces.

Led by Attorneys Tad Nelson and Amber Spurlock, our law firm has decades of experience litigating military divorce cases. Attorney Amber Spurlock is a former JAG officers and brings her unique set of federal lawyering skills to the fray for our clients.

If you need to speak with a seasoned divorce lawyer about your situation, call us at 409-904-0043 to schedule your free consultation. You may also send us a message form. Read on to learn more about the key aspects of military divorces cases. If you have questions, contact us.

The Basis of Military Divorce

Military Marriage Dissolution

Military divorces in Texas are governed by a blend of federal and state laws. This makes military divorces distinct from civilian divorces.

For starters, the Servicemembers Civil Relief Act (SCRA) provides protections to active-duty military members. This might affect the divorce timeline. The SCRA allows for the postponement of legal proceedings if military duties impede a service member’s ability to participate.

In addition to the SCRA, the Uniformed Services Former Spouses’ Protection Act (USFSPA) gives state courts power to determine the division of military pensions. This highlights the importance of experienced legal representation.

Let’s face it, you need money to survive. The more of it you have the better off you’ll be. As your attorneys, our job is to protect your interests.


Jurisdiction and Residency

Jurisdiction—the authority of a court to hear a case—is a fundamental aspect of any legal proceeding, including divorce.

Texas law requires that at least one spouse must be a legal resident of the state for six months and a resident of the county where the divorce is filed for at least 90 days.

For military families, the service member’s home of record is often different from their physical stationing location. This can complicate matters. Texas allows military members stationed in Texas for at least six months and residents of the county for 90 days to file for divorce in the state, even if Texas is not their home of record.

Asset Division

The division of assets and debts are key factors in any divorce. In military divorces, federal law governs the division of military pensions, providing that the state can distribute military retired pay to a spouse as property (not alimony) under certain conditions. The Defense Finance and Accounting Service (DFAS) requires the service member to have at least 10 years of military service overlapping with 10 years of marriage for the non-military spouse to receive their portion of the retirement pay directly from DFAS.

Child support calculations in Texas consider all available resources. This includes basic allowance for housing (BAH), basic allowance for subsistence (BAS), and special pay. It’s essential to work with a knowledgeable divorce attorney to ensure a equitable division that considers the unique aspects of military compensation.

Custody and Relocation Matters

Child custody arrangements pose significant challenges in military divorces, especially given the possibility of deployment and relocations. Texas courts focus on the best interest of the child while attempting to find balance with the transient nature of military service.

Creating a parenting plan that can accommodate the military lifestyle while providing stability for children can be a determining factor in the court’s ruling. If you’re representing you on your divorce, you’ll have the benefit of our experience to create a parenting plan that court will appreciate.

Have Questions About Military Divorce?

Call Tad Nelson & Associates Today!

The intersection of federal statutes with Texas family law can make military divorces complicated.

Tad Nelson & Associates brings a wealth of experience with both military and Texas family law. Our commitment is to provide our clients with compassionate, comprehensive legal representation. Our main goal is to ensure that your rights are protected and that your voice is heard.

Experienced Divorce Lawyers

At Tad Nelson & Associates, we pride ourselves on our ability to protect our clients and help them to the light at the end of the tunnel faster.

With Mr. Tad Nelson’s extensive experience having practiced family law in Galveston County since 1991 and Ms. Amber Spurlock’s since 2007, we’re ready to hear about your situation.

To get started, we encourage you to reach out to us at 409-904-0043. Schedule a free consultation with our legal team. Put our knowledge and skills on your side.


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