What service members and military spouses need to know about divorce in Texas this year

Military families face unique challenges — especially when it comes to divorce. Between deployments, PCS orders, and federal regulations, a military divorce in Texas involves legal complexities that civilian divorces don’t. If you or your spouse serve in the armed forces, it’s crucial to understand your rights and responsibilities before starting the process.

At Capps Law Firm, PLLC, we’re experienced in helping military families navigate Texas divorce laws alongside federal protections. Here’s what you should know in 2025.

Divorce Rates & Pressures on Military Families

Military life can be rewarding, but frequent moves, deployments, and long separations can strain even the strongest marriages. In fact, military divorce rates have hovered slightly higher than civilian rates over the years.

While the U.S. Department of Defense no longer publicly reports military divorce rates annually, service-specific rates show the ongoing stress service members and their families experience. According to this research presented by Lending Tree, military careers hold the number one spot for highest divorce rates:

Why is Divorce So Prevalent in the Military?

Some of the commonly cited reasons for military divorce include:

• stress and trauma caused by active duty
• reintegrating the military spouse to “home” life
• periods of long separation during deployments
• frequent home moves.

There are also many cultural traditions that place a high value on marriage in the military, which can sometimes lead to a rush to the altar.

Residency & Filing Requirements in Texas

To file for divorce in Texas:

• One spouse must have lived in Texas for at least six months prior to filing, and
• must have resided in the county where you plan to file for at least 90 days.

Good news for military families: If you’re stationed in Texas, even if you’re a legal resident of another state, you might still be able to file for divorce here, this is where you need to consult with a family law attorney. Texas law allows military members stationed in Texas to claim residency for divorce purposes in some circumstances, so again, make sure to consult your family lawyer about your specific residency requirements.

For Quick Reference, Here is a Step-By-Step Guide to the Divorce Process: How to Start the Divorce Process in Texas

Military Protections: The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) provides important protections for active-duty military members in some situations. It allows:

• A temporary stay (postponement) of civil court matters, including divorce, if active duty affects a service member’s ability to appear in court.
• Protection against default judgments while deployed or otherwise unavailable.

The exception to this is if you are in the military, in an uncontested divorce, and you choose to waive your Servicemembers Civil Relief Act protections and allow the divorce to proceed.

Check your eligibility or request protections through the Department of Defense SCRA portal.

Virtual and Remote Divorce Hearings

In the wake of COVID-19, many Texas family courts have continued to offer virtual divorce hearings and remote mediation options — especially valuable for military families stationed overseas or in other states.

If you or your spouse are deployed or stationed outside of Texas, your attorney can petition the court for virtual appearances or remote proceedings, depending on the county and your SCRA protections.

Dividing Military Retirement and Benefits

A major issue in military divorces involves dividing military pensions and benefits. Similarly to the protections in place for divorce proceedings, there are unique laws that impact the division of assets (such as pensions) in a military divorce.

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Texas courts can treat military retirement as community property and divide it during divorce depending on the situation.

Because Texas is a community property state, most property that is acquired by the military member and their spouse during the marriage is considered to be jointly owned. It’s important to note, however, that you can only receive disbursements from your military spouse’s retirement benefits if you were married for at least 10 years AND they were on active duty during those 10 years (this is in addition to the other provisions listed in the USFSPA) – known as the 10/10 rule.

There are several other complexities to dividing assets in a military divorce, so it’s important to consult your attorney as you navigate the process.

Key Military Pension Consideration:

Texas follows the Frozen Benefit Rule (NDAA 2017). This means:

• The value of the military pension to be divided is calculated based on the service member’s rank and years of service at the time of divorce — not at retirement.
• Former spouses may be entitled to direct payments from the Defense Finance and Accounting Service (DFAS) if the marriage overlapped with at least 10 years of military service, as alluded to earlier.

Child Custody, Visitation, & PCS Moves

When military parents divorce, child custody and visitation arrangements can be complicated by PCS (Permanent Change of Station) orders or deployments. How will a PCS impact your child visitation schedule in a military divorce? What about the relocation of your child?

Texas courts prioritize the best interests of the child while trying to maintain meaningful relationships with both parents. In military divorces:

• Temporary custody modifications may be needed during deployments.
• The court may include provisions for future PCS-related moves.
• Virtual visitation options via video calls or phone contact can also be included in parenting plans.

Be sure to ask your lawyer for specifics on your unique case. Every instance of divorce is slightly different from the next, and your lawyer can help you to parse out the important details.

Learn more about custody concerns in our Child Custody & Relocation blog.

Why Choose Capps Law Firm for Your Military Divorce

At Capps Law Firm we understand the unique challenges military families face. Whether it’s dividing retirement benefits, navigating custody during deployments, or managing relocation schedules, our firm offers experienced, compassionate representation.

✅ We handle military family law cases that involve:

• Dissolution and Divorce — Our law firm is skilled in guiding clients through the myriad of legal and personal challenges associated with ending a relationship.
• Child Custody and Visitation — Whether the matter is ultimately resolved in a conference room or a courtroom, we are ready to advocate for our clients’ parental rights and interests every step of the way.
• Complex Property Division — We will do everything we can to make sure that our clients end up on the strongest financial footing possible.

We can give you the tools that you need to get through one of the hardest seasons of your life. If you’re a service member or military spouse facing divorce, Capps Law Firm is here to help.

If you would like to discuss your family law matter and/or any concerns that you may have about whether or not you are ready to file for divorce, contact our office or call our office at (512) 338-9800.