Military Divorce in San Antonio Texas
San Antonio TX Military Divorce Lawyers – Fort Sam Houston and Lackland AFB Attorneys
People who are serving in the armed forces who decide to get divorced do not do so under the jurisdiction of any type of military court. They must go through the same process that civilians go through, and that can present some challenges due to the nature of military life. Once you join the service you are very likely to be transferred frequently and stationed in a place that you may not call your permanent home. If you are married to someone who is also in the military, the matter is even more complicated because you both may live in different states or even different countries while your actual home is in another place entirely.
This transience can make the matter of residency difficult to establish for those who are serving our country. If you refer to the Texas Family Code, Chapter 6.301, you will see the residency requirements for members of the military who would like to file a petition for divorce. A service member who had not previously been a resident of the state who has been stationed at a military installation in Texas for a period of as least six months, and in the county where he or she is filing for a minimum of 90 days, is considered to be a resident for the purposes of filing a divorce petition.
Aside from the fact that it can be difficult for members of the military to establish residency when they want to file for divorce, there are also complications that arise once the divorce has become final and terms have been established. Consider a scenario where a divorced service member has custody of the children, this individual is receiving child support, and the non-custodial parent is on a certain visitation schedule. Let’s say the custodial parent gets the word that he or she is being deployed to a war zone, and the couple voluntarily agree to a change in custody. How will the child support responsibilities be changed legally? When that service member returns, who has legal custody? Matters such as these add a layer of intricacy to family law as it applies to members of the military.
If you have questions or concerns about military divorce and related family issues involving the military, contact a San Antonio TX family lawyer for a free consultation.
