5 Ways a Military Divorce Differs From a Civilian Divorce in Texas

 Posted on January 12, 2026 in Military Divorce

Divorce is never simple, but military families in 2026 face some extra legal hurdles that civilian couples do not. If you or your spouse serves in the armed forces and are planning to get divorced, understanding these differences is very important. Our Denton County, TX military divorce attorneys can guide you through every step of your divorce and make sure it’s done right. 

Five Ways Military Divorce is Different From Civilian Divorce

Jurisdiction

"Jurisdiction" is the legal authority a court has to grant a divorce and make orders about property, support, and children. Civilian divorces are subject to the laws of the state in which the spouses live. A military divorce, however, is also subject to federal laws like the Uniformed Services Former Spouse Protection Act, known as USFSPA, and the Federal Servicemembers Civil Relief Act, also called SCRA.

These laws create special protections and procedures that do not show up in civilian cases. Under 50 U.S.C. Section 3932, the SCRA ensures that service members get proper notice of legal proceedings even when their military duties take them away from their home state.

Military members stationed in Texas meet the "residency requirement" even if they are technically a resident of another state. This means that a service member stationed at Fort Hood, Fort Bliss, or any other Texas base can file for divorce in Texas. The non-military spouse can also establish residency for divorce reasons if they live in Texas, even when the service member is deployed or stationed somewhere else. This policy recognizes that military families tend to move much more than civilian families.

Service of Process

In a civilian divorce, the spouse who files for divorce has a few options for how to serve the papers to the other spouse. The papers can be personally served, sent by mail, or, in some cases, served online. If that spouse is on active duty overseas, this can delay the divorce process a lot.

Serving divorce papers to someone on deployment may need coordination with their commanding officer. The other option is waiting until they return stateside. The SCRA establishes these procedures to make sure active-duty spouses receive proper notice of divorce, even when stationed thousands of miles away.

If the service member is willing to cooperate, they can sign a "waiver of service" that allows the case to move forward without in-person service. This can speed things up substantially.

Consent

An active duty service member who is deployed on a military base can at least temporarily prevent a divorce from moving forward, even after being served papers. The SCRA allows the service member to ask the court to delay proceedings by at least 90 days. 

The military itself has no responsibility to enforce the civil divorce process. This means that even if you have divorce papers ready to go, you may not be able to move forward until the service member agrees to move forward or returns from deployment.

Default Judgments

A "default judgment" is when one side wins a ruling because the other side failed to show up. In a civilian divorce, the petitioner can win a default judgment if the other spouse does not respond or refuses to cooperate with the divorce process. With military divorces, if the spouse is an active-duty service member, the petitioner cannot simply win a default judgment. 

Under federal law, the military spouse can ask the court to stall the divorce process for 90 days or more. This keeps courts from entering default judgments against service members who cannot respond because of deployment or other military obligations.

To get this delay, the service member must provide a written statement explaining how their duties prevented them from appearing in court. They also need a letter from their commanding officer confirming that military service interfered with their ability to participate.

Service members do not need to delay proceedings if they don’t want to. If both spouses want to move forward quickly, they can choose to waive these protections and proceed with the divorce.

Division of Assets

In both civilian and military divorces, the spouses need to divide their "community property" – the assets they both legally own – between them. In Texas, assets acquired during a marriage are usually split equally between spouses. Military retirement pay earned during the marriage is considered community property and can be divided in a divorce.

There is also something called a "division of benefits." A civilian spouse who gets divorced from a military spouse can lose military benefits unless he or she meets certain criteria. The 20/20/20 rule, for example, says that the civilian spouse can retain full benefits if all the following are true:

• The spouses have been married for at least 20 years.

• The military spouse has served for at least 20 years.

• The marriage and the military service overlapped for at least 20 years.

There are different versions of these rules that apply to different marriage situations (i.e., marriages less than 20 years long).

Call a Denton Divorce Lawyer Today

At The Law Office of Linda Risinger, our Denton, TX family law attorneys understand the unique hoops military families have to jump through during divorce. Our mother-daughter lawyer pair is local to Texas and brings over 30 years of combined family law experience to the table. 

We focus on achieving the best results for our clients while keeping cost-effectiveness in mind. Contact us at 972-294-6533 today for a free consultation to discuss your military divorce.