Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Military Divorce in Texas

ATTORNEYS IN DALLAS

Understanding Military Divorce Requirements in Texas

Military Divorce

Texas houses numerous active military personnel, many of whom are married. The demands of military life can create challenges in maintaining relationships, leading to a higher divorce rate among military couples. However, divorces involving military personnel in Texas differ from those involving civilians in several ways.

Residency Requirements in Military Divorces

In accordance with the Texas Family Code, a court is unable to exercise jurisdiction over a divorce proceeding unless, at the same time the case is filed, either the filing party or the spouse has lived in Texas for the previous six months in the county where the action was filed for the previous 90 days.
For the active service members, there are two distinct methods of meeting the residency requirements, as defined by the Code. The Code states that service members who reside in Texas but are stationed outside of the state will be regarded as residents of Texas and the county in which they typically reside. Similarly, Texas residents who accompany their service member spouses to stations outside of Texas will be granted the same considerations regarding residency. Moreover, individuals who are not Texas residents but presently reside in the state due to their or their spouses' service assignments will be considered Texas residents for filing a divorce suit if they live in the state and county for the specified time periods.

Serving Divorce Papers to a Deployed Member of the Military

In a typical divorce proceeding in Texas, the petitioner must serve the spouse with a divorce petition, and the respondent must file an answer by the Monday following the twentieth day after service. Failure to meet this deadline may result in a default judgment being entered, granting the petitioner's requests, but only after evidence is presented to support them. However, if the respondent is an active member of the military, the Servicemembers Civil Relief Act (SCRA) allows for a stay of proceedings for up to ninety days after their return from active duty. Moreover, the SCRA bars courts from entering default judgments against military members on active duty.

Property Division in Military Divorces

In Texas divorces, property division is determined by the Code. Separate property belongs to the spouse who owns it, while community property acquired during the marriage is divided in a manner the court deems just and right. Regardless of military status, Texas courts typically distribute property in accordance with the Code.
Under the Uniformed Services Former Spouse Protection Act (USFSPA), military spouses may be able to keep their health benefits in certain situations. The 20/20/20 rule applies when the couple was married for at least twenty years, the military spouse actively served for at least twenty years, and the marriage and service overlapped for at least twenty years. If these conditions are met, the non-military spouse is entitled to military health insurance and other benefits.

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Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

Divorce can be a challenging process, and military divorces tend to be more legally intricate compared to civilian divorces. The attorneys at Wilson Whitaker Rynell are aware of the unique challenges that military divorces can pose. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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