Military Divorce in Texas

Divorce involving a military family presents unique legal and personal challenges. Sims & Purzer provides skilled, compassionate representation to service members and spouses alike.

Military Divorce in Texas — What You Need to Know

Divorce is rarely simple — and when one or both spouses are active-duty, reserve, or retired military, additional federal and state laws apply.

At Sims & Purzer, we understand the complexities of military divorce in Texas, including:

Jurisdiction issues when service members are stationed outside Texas.
Special rules on dividing military retirement and benefits.
Adjusting child custody and visitation for deployments or PCS orders.
Ensuring compliance with the Servicemembers Civil Relief Act (SCRA), which protects active-duty members from default judgments.

We have experience representing both service members and their spouses in military divorces, helping our clients protect their rights, their children, and their financial future.

Key Issues in a Texas Military Divorce

Jurisdiction & Residency Requirements: Texas allows active-duty service members stationed in the state for at least 6 months (and in a county for 90 days) to file for divorce here — even if Texas is not their home of record.
Division of Military Retirement & Benefits: Under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Texas community property law, military retirement pay may be divided in divorce if earned during the marriage. This is a common area of dispute.
Health & Commissary Benefits for Spouses: We help spouses determine eligibility for continued TRICARE, commissary, and exchange privileges based on the “20/20/20 rule.”
Child Custody & Visitation During Deployments: Texas law provides special provisions for custody and visitation when a parent is deployed. We craft parenting plans that meet the best interests of children while accommodating military obligations.

Why You Need a Texas Military Divorce Attorney

Military divorce requires understanding not just Texas family law but also:

Federal protections for service members.
DFAS rules for retirement division and payments.
Military-specific custody planning.

At Sims & Purzer, we have the experience and legal knowledge to navigate these issues effectively — whether you are an active-duty service member, a retired veteran, or the spouse of one.

Our Approach

We handle military divorce cases with sensitivity and precision:

Initial Consultation: Review your family, financial, and service-related circumstances.
Case Planning: Identify key legal issues unique to your situation.
Negotiation or Litigation: Seek fair resolution through settlement or, if necessary, trial.
Final Orders: Ensure orders comply with both Texas law and federal requirements.

Why Clients Choose Sims & Purzer

Familiarity with Texas family law and federal military rules
Experience advocating for service members and spouses
Tailored legal strategies for unique military circumstances
Compassionate and responsive service.

We understand the sacrifices military families make — and we are committed to helping you through this challenging time with clarity and respect.

FAQs About Military Divorce in Texas

Q: Do I have to be in Texas to file for divorce here?
A: Texas has specific residency rules for service members and spouses. If you’ve been stationed in Texas for at least 6 months and in a county for 90 days, you can file here even if Texas isn’t your home of record.

Q: How is military retirement divided in a Texas divorce?
A: Texas treats military retirement earned during marriage as community property, but federal law governs how it’s paid out. We can help you understand your rights and options.

Q: Will my custody rights be affected if I’m deployed?
A: Texas law provides special protections for deployed parents to ensure they can maintain their relationship with their children despite military service.