Divorce is rarely simple, but military divorce, where one or both spouses are military service members, adds layers of complexity that require thoughtful planning and experienced legal guidance. If you or your spouse are stationed at Fort Hood and considering a divorce, understanding the legal process in Texas — including how military service impacts custody, support, and property division — is critical to protecting your rights.
Who Has Jurisdiction Over a Military Divorce?
In Texas, you or your spouse must have resided in the state for at least six months and in the county for at least 90 days to file for divorce. For military personnel, residency can be established through your duty station or where you claim legal residence. If you’re stationed at Fort Hood and meet these criteria, Bell County courts will likely have jurisdiction.
Common Issues in a Military Divorce
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Child Custody and Visitation
Deployments, PCS orders, and irregular schedules can complicate parenting plans. Texas law allows parents to include special provisions for military duties, such as designated relatives for visitation or adjusted possession during leave.
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Child Support and Military Pay
Texas calculates child support based on a percentage of the noncustodial parent’s income — including base pay, BAH, BAS, and special pay. Accurate documentation of military earnings is essential.
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Spousal Maintenance (Alimony)
Spousal maintenance in Texas is limited and depends on specific factors, such as duration of the marriage, family violence, and ability of the requesting spouse to meet basic needs. In addition, there may be a requirement to pay spousal support while spouses are separated under various military regulations (i.e. AR 608-99)
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Dividing Military Retirement Benefits
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military retirement pay can be considered community property and divided during divorce. Texas courts can award a portion of the retirement even if the marriage didn’t last 10 years, although DFAS won’t make direct payments unless the marriage overlapped service for at least 10 years.
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Health Care and Other Military Benefits
Former spouses may qualify for continued TRICARE coverage and base privileges under the 20/20/20 rule — 20 years of marriage, 20 years of service, and 20 years of overlap. If you don’t meet that threshold, transitional benefits may still be available.
The SCRA and Military Divorce Timing
The Servicemembers Civil Relief Act (SCRA) can delay divorce proceedings if one party is actively deployed or otherwise unable to participate in the case. This protection ensures that active duty members can respond meaningfully without default judgments.
Why Local Experience Matters
Fort Hood families face unique challenges — both legal and practical — during a divorce. An attorney familiar with the specific concerns of service members and spouses and local Bell County courts can make a significant difference.
Schedule a Consultation
Military divorce can be stressful, but you don’t have to go through it alone. If you’re stationed at Fort Hood and considering a divorce, reach out to The Law Office of Jonathan Tanaka, PLLC. We offer compassionate, experienced representation for both service members and military spouses.
Have questions? Schedule a phone consultation today. Let’s take the first step together.
