A military divorce in Texas follows the same basic path as any other divorce. One spouse files, the other responds, the court sets temporary rules, the parties settle or go to trial, and a judge signs a final decree. Federal rules add residency exceptions, protections for active duty parties, and special handling of military retirement pay.
This article assumes the case is filed in Texas, where Chapter 6 of the Family Code governs the process. It is general education, not legal advice, and nothing here predicts how a particular case will turn out. Timing varies by county and by the facts.
Servicemembers and spouses in San Antonio often work through these steps around deployments, training cycles, and relocation orders. The Law Firm of Cyrus F Rea II, PC represents both servicemembers and military spouses in divorce, custody, and support matters across San Antonio and South Central Texas. A consultation can show how the stages below apply to one specific situation.
| Stage | What happens | Rule to know |
|---|---|---|
| 1. Filing | Petition filed in the proper county | Residency requirements, with military exceptions |
| 2. Service | Spouse is served or waives service | Federal stay and default protections |
| 3. Temporary orders | Interim support and parenting schedule | 60-day waiting period |
| 4. Negotiation | Disclosure, mediation, settlement | Community property and retirement division |
| 5. Final hearing | Agreed prove-up or trial | Child’s best interest |
| 6. After the decree | Paperwork with DFAS, appeal window | 10/10 rule and 50 percent cap |
Stage 1. Confirm residency and file
- Check residency. Texas generally requires six months in the state and 90 days in the county before filing. Section 6.304 gives help to servicemembers who are not Texans by origin: a person stationed at Texas installations for six months, with 90 days at an installation in the filing county, counts as a resident, and so does a spouse accompanying them. Under Section 6.303, a Texas domiciliary stationed elsewhere keeps Texas residence while serving.
- File the petition. Most petitions rely on in supportability, the no-fault ground, and ask the court to address property, children, and support.
- Collect records early. Recent Leave and Earnings Statements, service dates, the marriage date, and retirement and Thrift Savings Plan statements will matter later.
Stage 2. Serve the other spouse
- Complete service. The responding spouse is formally served, signs a waiver, or files an answer.
- Expect federal screening. If a defendant does not appear, the plaintiff must file an affidavit about military status before a default judgment, and a stay of at least 90 days is available under the Servicemembers Civil Relief Act. A servicemember who applies for a stay under that section must show how military duty limits their ability to appear. An additional stay can be requested, and if the court refuses it, counsel must be appointed. The protection extends to custody proceedings.
Stage 3. Temporary orders and the waiting period
- Request temporary orders. While the case is pending, a judge can set interim child support, spousal support, who stays in the home, and a parenting schedule. Deployment or training dates often shape these orders.
- Count the waiting period. Under Section 6.702, a court may not grant a divorce before the 60th day after filing. The waiting period does not apply when the respondent has a family violence conviction or deferred adjudication against the petitioner or a household member, or when the petitioner holds an active protective order based on family violence.
Stage 4. Exchange information and negotiate
- Identify what is community property. Texas is a community property state, and a court divides the marital estate in a way it considers just and right. Property acquired during the marriage is generally presumed community property.
- Value military benefits. Retirement pay earned during the marriage can be divided, and the Thrift Savings Plan is treated similarly. Allowances such as housing pay are often considered when support is set, while VA disability compensation is handled differently from retired pay.
- Try mediation. Many contested cases go to mediation. A properly executed mediated settlement agreement is binding under Texas law, so each party should read it closely before signing.
Stage 5. Final hearing or trial
- Agreed cases. The parties present the settlement at a short hearing, and one spouse gives brief testimony supporting it.
- Contested cases. A judge or jury hears evidence on property, and the judge decides custody, which Texas calls conservatorship, and possession schedules. Children’s issues turn on the child’s best interest, and parenting plans can address deployment, long-distance exchanges, and communication during absences.
Stage 6. The decree and the paperwork after it
- Review the signed decree. A motion for new trial is generally due within 30 days of the judge signing, and the deadline to appeal runs on a similar timeline. Drafting errors are far easier to fix early.
- Divide retired pay correctly. The Defense Finance and Accounting Service pays a former spouse directly only when the marriage overlapped at least 10 years of creditable service, and payments are capped at 50 percent of disposable retired pay. Disposable pay excludes amounts waived for VA disability. The decree must state a fixed dollar amount or a percentage of disposable retired pay. The former spouse then submits a certified copy with DD Form 2293, and payments begin within 90 days after DFAS receives a complete application. If the 10-year overlap is missing, the award is still valid, but the retiree pays it personally.
- Watch the survivor and health deadlines. A former spouse who wants Survivor Benefit Plan coverage generally must elect it within one year of the decree. Continued TRICARE and commissary access depends on the 20/20/20 rule, which requires 20 years of marriage, 20 years of service, and a 20-year overlap.
Every stage can move faster or slower depending on the court’s calendar, the military member’s duty schedule, and how much the spouses agree on. A spouse who understands the sequence can plan around the known deadlines and bring the right documents to each step. For decisions about a specific case, speak with a licensed Texas family law attorney.
