Representing Texas Spouses Across the Globe
Divorces, when one or both spouses is active-duty military servicemember, present a few notable challenges.
The first of these challenges, the Texas residency requirement, comes into play before either spouse files for divorce. Texas law requires spouses to be a resident of the state for at least six months before filing for divorce. Active-duty military personnel know nothing but change, as they are constantly shuffled from base to base. Fortunately, many spouses who either established their permanent residency in Texas or were stationed in Texas may file for divorce in the Lone Star State.
Serving and Responding to Divorce Papers
Normally, a spouse would get served with divorce papers in Texas and respond within 20 days. That’s not always possible when a servicemember is deployed to another state or country. The Servicemembers Civil Relief Act (SCRA) allows servicemembers to delay proceedings, which increases the amount of time a servicemember has to respond after being served divorce papers.
Dividing Military Pensions and Benefits
The manner in which a servicemember’s disposable retired pay (pension), TRICARE benefits, and other military-related assets are divided stands in contrast to the community property standard used in Texas. Under the Uniformed Services Former Spouse Protection Act (USFSPA), former spouses of servicemembers may only receive a portion of the disposable retired pay if the marriage lasted at least 10 years. The servicemember must have been in active duty while married for at least 10 years; this is called the “10/10” rule.
Former spouses may be eligible for even more benefits if the marriage lasted 20 years, the servicemember served at least 20 years, and 15 years of overlap between the service and marriage existed (20/20/15 rule). The 20/20/20 rule allows former spouses a portion of the disposable retired pay, TRICARE benefits, and use of military commissaries.
A Knowledgeable Attorney is Your Best Resource
Divorce is complex enough without involving military service. Your attorney needs to understand applicable state and federal laws to properly guide you through a military divorce. If you’re in need of legal advice, contact Tycha Kimbrough at Kimbrough Legal, PLLC today.
