Are there special requirements with a Texas Military Divorce?
Compared to a typical civilian divorce, a Texas military divorce has several unique issues. There are specific state and federal laws and rules that apply. Laws are set up to protect military members on active duty against being held in ‘default’ for failing to respond to a divorce action. This protects active military members from being divorced without knowing it. The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Texas court to have jurisdiction over the active military member. Requirements for filing a military divorce include: • One spouse must reside in Texas • One spouse must be stationed in Texas The federal government has enacted the Uniformed Services Former Spouses’ Protection Act that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse. This Act is combined wi
