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Military Divorce

Cypress Military Divorce Attorneys

Helping Military Families in Katy, Richmond, & Fulshear

Divorce is a difficult process for anyone, but it can be especially challenging for military families. If you or your spouse is an active-duty service member, you will need to address certain issues that are unique to military divorce. At Hunt Law Firm, our Cypress military divorce lawyers are well-versed in the laws that govern military divorce and can help you navigate the process.

Call (281) 771-0422or contact us onlineto schedule a consultation with our team today.

Understanding Military Divorce

A military divorce refers to the dissolution of a marriage where one or both spouses are active-duty service members, reservists, or retired military personnel. 

In Texas, a military divorce follows the same basic procedures as a civilian divorce. However, there are some specific aspects and considerations due to the involvement of military service members.

Here are some key points:

  • Residency Requirements: To file for divorce in Texas, either you or your spouse must have been a resident of Texas for at least six months and a resident of the county where you plan to file for at least 90 days. However, certain exceptions can apply for military personnel, allowing them to claim Texas residency despite being stationed elsewhere.
  • Division of Property: Texas follows community property laws, meaning assets acquired during the marriage are generally divided equally between spouses. This includes military retirement benefits earned during the marriage, which could be subject to division.
  • Military Retirement Benefits: Military retirement benefits can be divided in a divorce in Texas. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as divisible property in a divorce, and Texas courts often divide these benefits under community property laws.
  • Child Custody and Support: Courts in Texas decide child custody and support based on the best interests of the child. Military service, deployments, and frequent relocations can complicate custody arrangements. Texas courts may consider factors such as stability, continuity, and the ability of the military parent to provide care when making custody decisions.
  • Service of Process: Proper service of process (delivering legal documents notifying the other party of the divorce) is essential in Texas. If the military member is stationed elsewhere, specific rules and procedures for service apply, often involving the Servicemembers Civil Relief Act (SCRA) to protect the rights of service members.
  • Healthcare and Benefits: Former spouses of military members may be eligible for continued healthcare benefits under the Department of Defense's Continued Health Care Benefit Program (CHCBP) after the divorce if they don't qualify under other healthcare programs.

How to File for Military Divorce in Cypress

When you are ready to file for divorce, you will need to determine where to file. In Texas, you can file for divorce in the county where you or your spouse resides. If you are a military service member, you can file for divorce in the county where you are stationed, even if you are not a Texas resident.

Once you have determined where to file, you will need to prepare the necessary paperwork and file it with the appropriate court. You will also need to serve your spouse with a copy of the divorce petition and other relevant documents. If your spouse is an active-duty service member, you will need to follow the special rules that apply to service members.

For example, you will need to serve your spouse with a copy of the divorce petition at least 90 days before the court date. If your spouse is on active duty overseas, you may be able to get an extension. You will also need to provide the court with proof that your spouse has been served. If you are unable to serve your spouse, you may be able to get a default judgment.

At Hunt Law Firm, our Cypress military divorce lawyers can help you prepare and file the necessary paperwork and ensure that your spouse is properly served. We can also represent you in court and help you obtain a favorable divorce decree.

Legal Support for Military Divorce in Cypress

At Hunt Law Firm, we are committed to helping military families in Cypress and the surrounding areas. Our Cypress military divorce lawyers can help you understand your rights and options and work to protect your interests every step of the way. We offer personalized legal services and will work closely with you to develop a strategy that is tailored to your unique needs and goals.

Contact us todayat (281) 771-0422to let us help you start a new chapter in life.

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We offer in-office consultations in our Katy, Cypress, Sugar Land, and League City locations or phone and video consultations for those who are unable to meet in person.

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