When Texas residents in the military choose to dissolve their marriage, the legal process is the same as it is for civilians. However, there are some key factors that can shift the process and change it in significant ways. One is the location of each partner. If the decision is made when one or both spouses are on active duty overseas or in remote areas, then the process may take longer. However, some states now have more lenient residency requirements for people who are stationed in the state and want a divorce.
The Uniformed Services Former Spouses' Protection Act is a federal statute that encourages military members going through a divorce to accept state statutes when it comes to certain issues, including retirement, spousal support and child support. Under this statute, states are able to classify military pensions as property rather than income, and that can change how the payments are distributed when the time comes. In order for one spouse to receive part of the retirement payment, the couple must have been married for at least 10 years with an overlap of 10 years of service. This means that if a couple is married for 20 years, but one member only served for nine, then the standard has not been met. However, a couple that was married for 10 years with the member serving during the entire marriage would meet the requirement.