Austin Military Divorce Lawyer

Military Divorce Attorney in Austin, TX

Any kind of divorce can be complicated and emotionally draining for the involved parties. When one spouse is in the military, certain additional complications may impact the divorce process. Most notably, one of the parties might not be living in the state or be able to attend many court appearances. No matter what kind of complications arise, an Austin military divorce lawyer can help you resolve them.

There are specific military divorce laws that apply to these types of divorce cases. Most divorce-related laws are similar, but it is essential to understand nuances and allowances for service members. If you or your spouse is a service member, you should speak to an Austin military divorce attorney today regarding your case.

Our dedicated divorce attorneys could explain how this process may work differently from a traditional marriage dissolution and advise you of your legal rights.

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Residency in Military Divorces

If a person wishes to initiate a divorce in Austin, they must have lived in the state for 180 days or more and in the county where they plan to file for at least 90 days before beginning their case. Once an individual establishes the proper venue for filing their petition for divorce, they must serve their spouse with the relevant documents. The spouse then has a set amount of time to respond to the petition.

When it comes to members of the military, the Service Members Civil Relief Act provides additional time to respond to a petition when the respondent is on active duty. Service members may have 90 days to draft a response to any allegations in the petition adequately.

Retirement Benefits in Military Divorce Cases

The military offers specific retirement benefits to service members and their spouses. Even if the parties divorce prior to when the retirement payments begin, courts may divide those benefits between the service member and their spouse.

Spouses can receive retirement benefits directly as long as the marriage lasts ten years or more. Courts may also award a spouse a portion of a service member’s retirement benefits in a shorter marriage but cannot order that portion as a direct payment. It is essential to consult with an Austin attorney to discuss the way in which the court may divide these military retirement benefits during a divorce.

Child Custody in Military Families

Child custody creates another complicated issue for military families. Members of the military may need to serve overseas on relatively short notice. This career obligation might make it challenging to create how reasonable parenting plan.

In these situations, custody agreements may need to include some flexibility to allow for the unique aspects of military life. The custody arrangement may also influence child support payments, so parties must understand the relationship between the schedule and financial obligations for both parties.

Many factors influence the final decision. It may be necessary for both parties to consult with an experienced lawyer in Austin about their parental rights during a divorce where one party is a member of the military.

The 20/20/20 Rule Explained

Non-military spouses can retain TRICARE benefits under the Uniformed Services Former Spouse Protection Act if they meet the following three qualifications:

• They were married for at least 20 years
• The service member was active for at least 20 years
• There was a 20-year overlap between the marriage and their service

Spouses who do not meet the eligibility for the 20/20/20 rule can purchase temporary coverage through the Continued Health Care Benefit Program. For spouses married for over 20 years with 20 years of creditable military service but 15-19 years of overlap, the 20/20/15 rule provides transitional healthcare coverage for one year from the date of the divorce. After that point, ex-spouses must make arrangements for their own health insurance.

FAQs

Q: What Are Divorced Military Spouses Entitled to?

A: What divorced military spouses are entitled to is governed primarily by the Uniformed Services Former Spouse Protection Act. This federal law allows state courts to divide military retirement pay and dictates how ex-spouses can access benefits based on marriage and service timelines. Military pay can be divided as community property under the USFSPA as long as you were married for more than 10 years while your spouse performed 10 years of military service.

Q: How Long Do I Have to Live in Texas to File for Divorce in the Military?

A: You have to live in Texas for at least six months to file for divorce in the military. You can still meet this residency requirement if Texas is your official state of residence, but you or your spouse is currently deployed or stationed overseas. If you are an active-duty service member stationed at Camp Mabry for at least six months, you can still file for divorce under Texas Family Code 6.303, even if you claim residency in another state.

Q: Is My Ex-Wife Entitled to My Military Pension if She Remarries?

A: Your ex-wife may still be entitled to her portion of your military pension if she remarries. Retirement pay is a divisible marital asset, so remarriage doesn’t automatically terminate her right to payments. Other benefits may change, though. If your ex-wife retained access to TRICARE, commissary, and exchange privileges, they are forfeited upon remarriage. She may also lose her survivor benefit plan eligibility if she remarries before the age of 55.

Q: What Is the 10-Year Rule in Military Divorce?

A: The 10-year rule in military divorce dictates how a former spouse receives their portion of military retirement pay. If the marriage and military service overlapped for at least 10 years, then payments are issued directly to a former spouse. If this is not the case, the spouse may still be entitled to a portion of the service member’s benefits, but they must be paid by the former spouse directly.

Q: How Common Is Divorce in the Military?

A: Divorce in the military is relatively common. In 2022, 19,689 active-duty military members got divorced, as did another 7,961 reservists. This translates to around 3% of active-duty service members and 2.5% of reservists getting divorced in that one year, leaving the military with higher divorce rates than the civilian population in most locations.

Hire an Austin Military Divorce Lawyer

If you are divorcing a member of the military or are a service member seeking marriage dissolution, you should consult with a legal representative. Divorce agreements involve many factors that are highly personal for the families.

The final agreements continue to influence the lives of all members of your family for many years to come. Call an Austin military divorce lawyer today to discuss your case.

The Law Office of Ben Carrasco, located in Austin, Texas, provides military divorce services to clients throughout Texas, including Georgetown and West Lake Hills.