Simply put, a military divorce is where at least one spouse is an active-duty service member, reservist, or veteran. While it follows many of the same procedures as a civilian divorce under Texas Family Law, additional federal and military-specific rules apply.
Because of San Antonio’s proximity to Joint Base San Antonio (Fort Sam Houston, Lackland, and Randolph), our firm has extensive experience helping military families navigate divorce with clarity and confidence.
We understand:
Military divorces involve both state and federal laws, which can affect where and when you file, how property and pensions are divided, and how child custody or support is determined.
Key legal considerations include:
Jurisdiction & Residency Requirements
In Texas, you or your spouse must reside in the state for at least six months and in Bexar County for 90 days before filing.
Active-duty service members stationed in Texas may still qualify, even if they claim residency elsewhere.
The Servicemembers Civil Relief Act (SCRA)
If one spouse is deployed or on active duty, SCRA allows the court to delay proceedings to ensure their rights are protected.
This can extend the divorce timeline depending on military obligations.
Division of Military Pensions & Benefits
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military retirement pay can be considered community property.
The “10/10 Rule” allows for direct payments from DFAS (Defense Finance and Accounting Service) if the marriage lasted 10+ years during active service.
Health benefits and commissary access may also be affected depending on the length of the marriage and service.
Child Custody & Visitation
Military service can complicate custody schedules due to deployments or relocation.
Texas courts prioritize the best interest of the child while also accommodating military life realities.
A family care plan may be required if one parent is subject to deployment.
Spousal and Child Support
Support amounts are generally calculated using Texas guidelines, but military regulations may enforce minimum support standards even before court orders are in place.
The timeline varies depending on:
Most uncontested military divorces in San Antonio can be finalized in 60 to 90 days. Contested cases may take 6 months or more—especially if deployment causes delays.
To begin the military divorce process, you’ll need:
Our team will guide you through the paperwork and ensure all military-specific forms and protections are handled properly.
