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Texas Military Divorces and the Law

People in the military, although physically removed from their daily lives at home, are still connected to what happens at home. After all, the world does not stop because they are stationed somewhere else. One of the things that can happen while they are stationed is that their spouses might want to get divorced. Texas has laws regulating how such a divorce would proceed.

People whose spouses file for divorce have to respond to the divorce citation or else they are in default. Because soldiers are far from their spouses, there are laws protecting soldiers. For the entire time the soldier is on duty as well as up to 60 days after service ends, divorce proceedings can be postponed. This helps ensure that soldiers are not caught unaware of the fact that their spouses want a divorce. Of course, soldiers can waive this right.

The requirements for a military divorce in Texas are that a solider is a resident of Texas and is stationed in Texas. For a Texas court to have jurisdiction over the case, the soldier must be personally served a court summons and a divorce action. The reasons that a military divorce can be initiated are the same ones that apply to civil divorces.

In regards to the financial aspects of military divorces, if the solider has to pay child support, no more than 60% of a soldier’s income can be counted towards child support payments. Moreover, according to federal law, the spouse of the soldier will not get any of the soldier’s retirement benefits unless the soldier and his or her spouse were married for at least 10 years while the soldier was on duty.

Contact a Denton Divorce Lawyer

Like civil divorces, military divorces can be complicated. The legal process and requirements can make the divorce process difficult. An attorney can help make the military divorce easier and smoother. For help, contact the Denton divorce lawyers of Alexander & Associates by calling 972-420-6560.

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