Divorce is never simple but deployment adds legal layers that can stall or reshape the entire process. Federal protections and Texas family law both apply when a spouse is on active duty.
How the SCRA protects a deployed spouse
The Servicemembers Civil Relief Act (SCRA) is a federal law that shields active-duty military members from default judgments in civil proceedings. Under the SCRA, a deployed spouse may request a stay, a court-ordered pause for the duration of active duty plus up to 90 days after return.
A stay is not automatic. The service member must submit a written request and a letter from their commanding officer. Courts must grant at least one 90-day postponement. The service member may also waive SCRA protections to let an uncontested divorce move forward on a faster timeline.
Filing requirements and serving divorce papers
Texas has specific rules for both residency and service of process. You must meet these requirements before a court can hear your case:
- Texas residency: At least one spouse must have lived in Texas for six months before filing.
- County residency: The filing spouse must have lived in the county for at least 90 days.
- Military domicile: A service member stationed in Texas may claim Texas residency even if their legal home state is elsewhere.
- Personal service: Texas requires divorce papers to be personally served. Email and certified mail do not satisfy this requirement.
Meeting these rules can take longer when a spouse is deployed overseas, especially in a combat zone.
Dividing military retirement pay
The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how Texas courts may divide military retirement pay in a divorce. Texas community property rules treat retirement pay earned during the marriage as jointly owned, so courts typically divide it between spouses.
The 10/10 rule affects payment method only. A former spouse may still receive a share of retirement even if the marriage overlapped with fewer than 10 years of service. In that case, the service member pays the former spouse directly rather than through the Defense Finance and Accounting Service.
If children are involved, Texas Family Code § 153.702 allows courts to issue temporary custody orders during deployment to protect parenting arrangements.
What to consider before moving forward
Military divorce involves both state and federal law. An attorney can help you understand how the SCRA, the USFSPA and Texas community property rules apply to your situation. Speaking with a military divorce attorney may clarify your options and help the process move forward.
