Board Certified in Family Law
Military Divorce in Texas: Residency, Retired Pay and the SCRA
A military divorce follows Texas family law, plus a layer of federal rules. Those rules change where you can file, what can be divided and how it gets paid.
Where You Can File
Texas Family Code § 6.301 requires six months of Texas residency and 90 days in the county. Section 6.303 adds that time a Texas domiciliary spends outside the state or county in military or other government service counts as residence, and the same goes for a spouse accompanying them. Someone who is merely stationed in Texas but domiciled elsewhere raises a different question, so work out domicile first.
The Court's Power Over Retired Pay
The Uniformed Services Former Spouses' Protection Act, 10 U.S.C. § 1408, lets a state court treat disposable retired pay as divisible property, but only if the court has authority over the service member under the Act. That means the member's domicile in the state, residence there other than because of a military assignment, or consent. A family can have a valid divorce in a court that cannot reach the retired pay, so choosing where to file matters.
The 10-Year Rule Is Often Misunderstood
The 10/10 rule is widely misread. It does not decide whether a former spouse can receive a share of retired pay. It decides whether the military's pay system will send payment directly: the marriage must overlap at least 10 years of creditable service. With less overlap, a court may still award a share, but it would be paid by the former service member rather than directly.
The Act also limits how much of disposable retired pay can be paid directly. The details of how an award is written matter, and so does the order's form, so have someone experienced draft it.
Protection During Service
The Servicemembers Civil Relief Act protects active-duty members from default judgments and can pause proceedings when service materially affects their ability to take part (50 U.S.C. §§ 3931-3932). If you are the civilian spouse, plan for this rather than treating it as an obstacle, because a default taken in breach of these protections can be challenged.
Parenting plans also need to allow for deployment and relocation. Texas has specific provisions on military deployment in the Family Code, so raise this early. Lisa G. Garza is Board Certified in Family Law by the Texas Board of Legal Specialization. For custody issues, see Texas Child Custody Attorney.
Common Questions
Does a marriage of under 10 years mean no share of military retirement?
No. The 10-year overlap rule is about direct payment by the military pay system. A court with authority over the service member may still divide retired pay.
Can I divorce in Texas if I am stationed elsewhere?
If you are a Texas domiciliary, Family Code section 6.303 counts time away in military service as residence in Texas and your county.
Can a service member be defaulted while deployed?
The Servicemembers Civil Relief Act provides protection against default judgments and can allow a stay of proceedings.