DoNotPay Explains the Complexities of Military Divorce in Texas

Divorce Settlement Agreement DoNotPay Explains the Complexities of Military Divorce in Texas

Military Divorce in Texas Made Plain and Simple by DoNotPay

Filing for divorce is a huge step, and the process can be fraught with complications.

If you are in the military in Texas or are married to someone stationed in the Lone Star State, getting a divorce needs careful navigation to make sure you keep your costs down and avoid court if possible, whatever your grounds for divorce are.

DoNotPay is here to help with facts, advice, and watch-outs around military divorce in Texas!


How Are Texas Military Divorces Different From Civilian Ones?

If you or your spouse are serving members of the military, you fall under Texas divorce law if:

  • The service member or spouse has lived in Texas for at least six months before filing for divorce
  • Your or your spouse’s permanent residence is in Texas, although the service member is currently deployed elsewhere
  • Both your permanent residences are outside Texas, but the service member is temporarily stationed in the state
  • Both your permanent residences are out-of-state, but the service member was stationed in Texas and has been deployed from there

The process of filing for divorce also differs slightly if one of you is in the military, namely:

Divorce Step Civilian Case Military Case
Filing divorce papers One of you must file a petition for divorce and all the accompanying Texas forms with your county court
Serving the papers The plaintiff has to arrange for the divorce papers to be served on the defendant using a process server or deputy sheriff. If the defendant cannot be found, the plaintiff can serve the papers via a notice in the media The plaintiff has to serve the papers in person. This can lead to delays if the military member is currently deployed elsewhere. The plaintiff has to wait until the defendant is available in person
Responding to a summons The defendant has around 20 days to file a response to the petition for divorce The defendant can defer the response for up to 90 days as long as they inform the court that they want more time

In military divorces in Texas, there are also different stipulations for:

  1. Alimony or spousal support
  2. Child custody, child support, and shared parenting
  3. Division of assets, real estate, debts, and benefits

Alimony or Spousal Support

In civilian divorces in Texas, a spouse is entitled to claim spousal support if they can prove they need the money to maintain a reasonable standard of living or if the couple has been married ten years or more.

In Texas military divorces, the amount claimable is capped at 60% of the military member’s pay.

Child Custody, Child Support, and Shared Parenting

In most Texas divorce cases, custody of children is awarded to both parents. If the military spouse is deployed out-of-state, though, the civilian spouse can apply for temporary sole conservatorship while the deployment lasts.

Division of Assets, Real Estate, Debts, and Benefits

Most military divorces treat financial division the same way as civilian cases. The differences in military cases relate to retirement annuities and medical benefits.

The rules for these elements are:

  • The spouse may be eligible for a portion of the military member’s pension if they were married and the military member was serving for ten years or more
  • If the military member served for 20 years, the marriage lasted 20 years, and the two periods overlapped by at least 15 years, the divorced spouse is entitled to continued military medical cover

All these exceptions cease to be valid if the civilian spouse remarries.

How Can You Make Sure Your Texas Military Divorce Runs Smoothly?

The best way you can ensure your transition from married life to divorced status is as smooth as possible is to work towards a friendly, uncontested divorce with your spouse.

If you can work together, you can reach an out-of-court settlement that will:

The most crucial element of an uncontested divorce is your settlement agreement.

A settlement agreement is a legal document that you sign with your spouse and file with the court. It is a contract that regulates how your married life will be divided after your divorce is granted and will be scrutinized by a judge before your divorce decree is signed.

If the judge is happy that your settlement agreement is fair and equitable, your path to divorce is clear.

Where Can You Get a Settlement Agreement?

You can use the following resources to have your settlement agreement negotiated and drawn up:

Settlement Agreement Resources Explanation
Lawyer Lawyers can negotiate and draw up a comprehensive divorce settlement agreement, but this can quickly become expensive—Texas lawyers charge up to $400 per hour and often demand upfront retainers of between $2,500 and $20,000.

If you want to avoid lawyers and agree on most of your settlement terms, a cheaper option is to use a mediation service to help you negotiate your settlement. A trained mediator costs a fraction of what attorneys charge and can help you iron out outstanding details

Online Various websites offer cheap online settlement agreement templates for you to fill out, but the majority of these are highly generic and may not cover your specific needs.

DoNotPay can solve your problems, though. We can create a customized divorce settlement agreement online in a few clicks!

DoNotPay’s Texas Military Divorce Solution Wins the Battle!

DoNotPay doesn’t want your Texas military divorce to be a war zone!

Our Divorce Settlement Agreement product is designed to give you a document that covers all your needs and passes muster with the judge.

No need for lengthy court battles, expensive attorneys, or tiresome mediation processes!

Here’s how to set your settlement agreement up:

  1. Sign up with DoNotPay in your web browser
  2. Click on our Divorce Settlement Agreement feature
  3. Give us the details you want to be included in your agreement

After that, we take command—once you have given us the terms of your agreement, we will generate your document in a flash. You and your spouse can sign and have it notarized.

If you’re not sure where to find a notary in Texas, we can even organize online notarization for you!

More Texas Help From DoNotPay!

If you need specific info about your county in Texas, look no further than DoNotPay!

Here are a few examples of the help we can give you:

Bexar County Potter County Fort Bend County
Brazoria County Houston Montgomery County
Collin County Austin Williamson County
Tarrant County Lubbock County Travis County
Harris County Denton County  

Not sure whether you can get a divorce in TX if you’re pregnant? DoNotPay will clarify!

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Why waste time and money completing mundane tasks on your own when you can let DoNotPay assist you? Take a look at the table below to find out what our AI-powered app can do for you:

DoNotPay Can Services
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DoNotPay Has More in Store for You!

Since communication is key, you’ll appreciate our feature that helps you get in touch with customer service reps quickly! We’ll also show you how to send faxes online and have your documents notarized by an online notary with ease!

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