Houston Military Divorce Services for Active Duty & Veterans

Navigating Divorce Challenges for Military Families

At The Mora Law Firm, we specialize in addressing the unique legal challenges that military personnel and their spouses face during divorce proceedings. We understand the complexities and intricacies involved in military divorce cases in Houston, and we are committed to helping our clients navigate this challenging process successfully. If you or your spouse are serving in the military and are contemplating divorce, it's crucial to have a dedicated Houston military divorce lawyer on your side to ensure your rights are protected and your interests are represented effectively.  

Understanding Military Divorce Requirements in Texas

Military divorce cases in Texas have their requirements and rules, which differ from civilian divorce cases. Understanding these unique regulations ensures a smooth and efficient divorce process. Below are some key aspects to consider: 

• Residency Requirements: In Texas, one spouse must have been a state resident for at least six months before filing for divorce. However, military personnel may have some exceptions to these residency requirements. Our experienced attorneys can guide you through this process, ensuring you meet the legal criteria.
• Jurisdiction: Determining the jurisdiction for your military divorce can be complex, especially if one or both spouses are stationed in different locations. Texas courts may have jurisdiction over a military divorce if the service member is stationed in Texas or stationed elsewhere but a Texas resident. Our legal team can help you establish the appropriate jurisdiction for your case.
• Division of Property: Property division can be especially challenging in military divorces, considering the unique benefits and pensions that military members accrue during their service. Our Houston military divorce lawyers have the experience to navigate the equitable distribution of assets and protect your financial interests.

Can Property Division Be Postponed Due to Deployment?

When one spouse is actively deployed, military divorce proceedings can be especially complex, particularly when it comes to dividing marital property. The Servicemembers Civil Relief Act (SCRA) allows for certain protections that may enable a service member to delay property division, along with other aspects of divorce, until they can be actively involved in the proceedings. Courts recognize that deployed service members may face limited access to legal resources and may be unable to fully engage in their defense or respond promptly to legal matters.

If a deployed spouse requests a "stay" under the SCRA, the court may temporarily halt the division of marital assets. This stay is typically granted for an initial period of 90 days, though additional extensions may be requested if the deployment continues. It’s essential to understand that this postponement is not automatic; the deployed spouse must formally request it and demonstrate how the deployment limits their ability to participate in the proceedings.

Once the service member returns, or if the deployment ends, the court can resume the property division process. In Texas, a military divorce attorney can be invaluable for navigating these legalities, ensuring that the property division is handled fairly and complies with both Texas law and federal regulations. By using the protections offered through the SCRA, deployed service members can avoid rushed or one-sided decisions about asset division, protecting their rights while fulfilling their service duties.

Call The Mora Law Firm today at (832) 346-6330 or contact us online to schedule a meeting with our military divorce attorney in Houston!