Filing for a military divorce comes with its own unique set of challenges. Understanding these hurdles can help you prepare and navigate the process more smoothly.
Residency requirements
One major hurdle is meeting Texas residency requirements. To file for divorce, you or your spouse must have lived in the state for at least six months and in the county where you plan to file for at least 90 days. Military families who frequently move due to deployments and assignments may find it challenging to satisfy this requirement.
Serving divorce papers
Serving divorce papers to a military member can be tricky, especially if they are deployed or stationed overseas. The Servicemembers Civil Relief Act (SCRA) protects active-duty military personnel. The protection allows military members to postpone legal proceedings, including divorce, while on active duty. As a result, the process can take longer than a typical divorce.
Dividing military benefits
Another significant challenge is the division of military benefits. Military pensions, healthcare benefits, and other perks need careful consideration and division. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a law that provides certain benefits to former spouses. Understanding and applying these rules can be complex.
Child custody and visitation
Child custody and visitation arrangements are complicated due to the potential for frequent relocations and deployments. Both parents need to work together to create a flexible and realistic custody plan that accommodates the unique demands of military life.
Moving forward
Filing for a military divorce is challenging. It involves navigating unique hurdles that military members will need to face. Knowing what obstacles lie in front of you is essential. Being aware of these challenges can help you better prepare and manage the complexities of a military divorce, ensuring a smoother process for all involved.