16 Aug Tessmer Tips – Family Law & The Military
Family law matters concerning a member of the military create several unique issues compared to the typical civilian cases, as specific state and federal laws will apply. When one spouse (or both) are serving in the armed forces, a divorce is more complicated and there are different rules concerning jurisdiction, child custody, and health insurance and retirement benefits. Servicemembers and civilian spouses should take the time to learn about the special issues involved in military family law matters and should seek an attorney who is experienced and knowledgeable on the subject.
If you are one of the nearly 1.1 million active duty American military personnel stationed around the world – or the spouse of one – you will deal with issues in a divorce that do not affect civilians. For example, servicemembers have certain rights concerning where a divorce is filed. A suit for divorce may not be filed in Texas unless at the time the suit is filed either party has been: (1) a resident of Texas for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. The residency requirement will also be met when both the military member and their spouse reside in Texas due to military service.