Military families face all kinds of challenges other families don’t, and that’s true of family law and divorces. Given what military families sacrifice already, a divorce in a military family shouldn’t be more difficult than any other kind of divorce, but often it’s every bit as challenging. As you know, military service complicates family life. Those complications can lead to the kinds of irreconcilable differences that create a perfect storm for divorce.
As Austin’s premier family law firm, Evans Family Law Group in Austin works with service members and their spouses to make their families stronger. Sometimes the only way to make the family stronger is with a fair and civil divorce. Whether you’re stationed at Camp Mabry, Fort Hood, or beyond, don’t hesitate—call now for top-notch legal representation tailored to your needs.
You can contact Evans Family Law Group today for a free consultation at 512-628-2550, where we meticulously understand Texas US Military service members’ situations and their spouses to set them up for success in their unique military divorce circumstances.
Paid consultations are prioritized, and free consultations remain available based on scheduling availability.
The challenges that military divorces present are unique. Military divorces are distinctly different from civilian divorces because of the interplay between state and federal laws for the divorce process.
Residency requirements add a layer of complexity to Texas military divorce. Unlike civilian divorces, where jurisdiction is generally straightforward, military divorces can involve multiple jurisdictions. A service member must meet specific residency requirements to file for divorce in Austin, Texas. The challenge arises when one spouse is not living in Texas or is unable to attend court proceedings due to military commitments.
The jurisdiction to divide a military pension in a state court is set by the service member’s residency, and their presence in the state not because of military orders or their agreement to the court’s authority. Meaning that the state where the service member or their non-military spouse starts the divorce process will be the one to handle it.
The SCRA is a federal law that provides specific protections for service members as they enter civil litigation, including divorce proceedings. The Act offers protection against default judgments for service members who are unable to attend proceedings or fully respond to a divorce action due to their active duty obligations. Active-duty service members are allowed an initial 90-day extension to respond to divorce petitions under the SCRA, with the possibility of additional extensions if justified by their service obligations.
Despite these challenges, a divorce can still be processed remotely if both parties can reach an agreement on the terms and handle the paperwork electronically, even if the service member is deployed. This highlights the importance of having an experienced military divorce lawyer in Austin who can manage these unique circumstances and provide the necessary guidance.
A trusted Austin military divorce lawyer at Evans Family Law Group can assist with the specific needs of military divorces. Our lawyers have a deep understanding of the specific concerns in these cases, such as:
Since military legal assistance attorneys are not able to represent military personnel in civilian courts, the necessity for a civilian lawyer becomes clear.
Our legal team communicates with professionalism, we take pride in our ability to understand the details of our clients’ lives and connect with them on an emotional level to help both service members and spouses navigate the intricacies of military divorce.
The uniqueness of every military divorce, with its distinct aspects, calls for a tailored approach. Evans Family Law Group customizes legal strategies to the unique aspects of each military marriage, taking into account factors such as deployments and residency changes. Communication is a priority, with our attorneys ensuring that clients are informed and prepared for all phases of the divorce process. Our Austin divorce attorneys are skilled in negotiating divorce agreements that minimize court involvement, but we are also capable of providing aggressive court representation when necessary. Our legal team adapts our approach to fit the needs of military divorce clients, offering services ranging from aggressive litigation to amicable settlement negotiations.
At Evans Family Law Group, we understand the complexities of military divorces, from jurisdictional challenges to dividing military benefits. Our Austin military divorce attorneys are well-versed in Texas law and military regulations, providing strategic representation tailored to the unique needs of service members and their spouses. Our trial-experienced lawyers can adeptly handle both cooperative and contentious cases in the courtroom.
Texas law includes special provisions for military families regarding child custody and support, allowing third parties to exercise custody rights on behalf of deployed parents. Despite military obligations, service members can receive custody of their children. These obligations often require a flexible parenting plan, with special attention towards:
Deployment and relocation significantly affect custody arrangements in military divorces, influencing the best interests of the child and the parent’s availability. Child support for service members follows the same guidelines as civil divorces but is capped at 60 percent of the active member’s total pay and allowances.
The negotiation of custody and support terms should reflect the realities of military service, thereby ensuring that both the child’s needs and the parent’s service commitments are met.
Military retirement benefits, often a significant asset, are subject to division during a divorce. These benefits include but are not limited to, retired pay, Thrift Savings Plan contributions, and Survivor Benefit Plan coverage.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) classifies military retired pay as potentially divisible marital property in divorce proceedings. To be eligible for the division of retirement benefits, the marriage must have overlapped with 10 years of military service, known as the 10/10 rule.
It’s important to understand that certain forms of military pay, like VA disability compensation and specific types of military disability retired pay, are not subject to division in a divorce due to federal regulations. These benefits are considered the individual rights of the service member who earned them on account of their service and the sacrifices associated with it. The law recognizes that disability payments are intended to compensate for injury or illness resulting from service, and therefore, they are classified as separate property. This means they are solely owned by the service member, unlike other marital assets that are typically divided between both parties in a divorce proceeding.
Jurisdiction to divide military pensions is determined by factors such as the service member’s legal residence, their physical presence in the state for non-military reasons, or their consent to the jurisdiction, requiring legal help for proper division.
In collaborative divorce, Evans Family Law Group creates an informal yet structured environment where both parties can openly negotiate the terms of their divorce, including sensitive issues like property division and child custody. This collaborative process not only fosters better post-divorce relations but also empowers clients with more control over the outcomes. With our support, clients can significantly enhance the likelihood of resolving divorce disputes outside the courtroom.
Some key financial considerations in military divorces include:
Post-divorce, non-military spouses may retain healthcare benefits through TRICARE or the Continued Health Care Benefit Program, depending on the length of the marriage and service.
Military divorces involve the consideration of several legal matters, including:
The visitation schedule established during a military divorce takes into account the unique circumstances of deployment, allowing the military member’s chosen family member to exercise visitation with the children in their absence. Securing legal representation from a seasoned military divorce attorney from Evans Family Law is crucial in protecting your rights and interests as a military member or spouse.
Preparation is a key factor in ensuring a successful military divorce consultation. Before the consultation with one of our Texas military divorce lawyers, individuals should collect important legal and financial documents, including military identification, marriage certification, financial statements, and any prior legal agreements.
During the initial consultation, our team, who brings the experience of thousands of trials to the table, will review the provided documentation, discuss the specific circumstances and goals of the divorce, and outline potential legal strategies. This wealth of courtroom experience can make a significant difference in military divorce. Consultees should expect to receive practical advice on the timeline, process, and expectations for a military divorce case following the consultation.
To get started on your path toward resolution with a team that understands the nuances of military divorces and the courtroom, call a family lawyer in Austin, TX at 512-628-2550 to schedule your free military divorce consultation today.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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2024-03-07 
Mr. Evans and Staff (attorney J Riggs and Jessica (Legal Assistant)) are very knowledgeable, professional and HONEST. I had bad luck with other lawyers on my divorce case (military divorce). Mr. Evans showed immediate depth of knowledge.
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Evans Family Law has been wonderful to work with. I am grateful that I found them and hired them for my legal needs!
He took the time to talk to me and answer questions. I would recommend Jimmy to anyone seeking help with their legal needs.
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I had a great experience with Evans Family Law Group! Their legal team took time to clearly answer my questions and make sure I knew what was going on with my case. They were super easy to work with and knew exactly how to handle all the various obstacles that popped up over the course of my divorce. I am very happy I worked with them and would absolutely recommend them to anyone else!
The Evans Family Law Group was patient with me, protected my interests, and kept me inline. They responded in a timely fashion and provided updates with each step along the divorce process. Their forethought in decree language saved me.
Evans Family Law Group was the first business that didn’t quote me an outrageous number while also telling me that I may need to pay more later. Jimmy gave me a flat rate that was significantly lower than the multiple other firms I called prior. He was also very quick with communication and even sent a description of every form he sent so I would understand the whole process better. Dina was also incredible as she as she was able to notarize the forms remotely and kept me updated through every step of the process. To my surprise, Jimmy and Dina were able to make this process so smooth and simple and I cannot be more grateful. Thank you both very much!
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I had a great experience working with James Evans. He was extremely responsive, easy to work with, and able to meet my tight timeline without sacrificing quality. I appreciated his clear communication and attention to detail throughout the process.
I would like to take this opportunity to thank the Evans Family Law firm for working with me on my extended divorce process. Giving special attention to Ms. Caitlin McGregor. Always the consummate professional. I truly felt well represented with not only her knowledge of family law but she took time to be sure I felt heard. She always kept me well informed, which helped tremendously with the anxiety that came along with the seemingly endless divorce.
She showed real concern which kept me on a positive note in what has been a very dark time for me and proved to be a great negotiator on my behalf. Not to forget she was also working with an awesome team of paralegals and professionals. Thank you all for your hard work and persistence in this case.
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.
I have had an excellent experience with the staff of Evans Family Law. They have all been very friendly and efficient with my case, and have always been honest and accountable in all situations. I would employ them again for any family law needs I may have. I’m very pleased with their work.
Jimmy has an encyclopedic knowledge of the law, extensive experience with a wide range of cases, and as a result is someone I could completely trust to know what he was doing. He was always willing to explain why certain issues that were under dispute were/were not likely to be upheld by a judge and gave me a very honest sense of what to expect before a judge, with respect to anything I asked him.
He took the time to talk to me and answer questions, and was an ethical advocate who was clearly seeking the best outcome for the children. Rarely do I post reviews, but I chose him based on ones I read by people equally unfamiliar and scared by family law, divorce, and custody as I was; and he was a gem in guiding us through a difficult time. I’m so grateful to have found him, and recommend him as one of the most ethical and professional people I’ve ever worked with.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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Paid consultations are prioritized, and free consultations remain available based on scheduling availability.
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