Unique Concerns for Military Spouses in a Divorce

 Posted on September 25, 2025 in Military Divorce

When one or both spouses in a marriage belong to the armed forces, getting a divorce may be a daunting task. A spouse’s military status can complicate the legal proceedings, whether due to distance, the obligations of active duty, or other factors. If you need help navigating a military divorce, a Frisco, TX family law attorney can provide you with the guidance you need.

At The Law Office of Linda Risinger, we provide compassionate counsel and representation for both military and civilian spouses. Our skilled attorneys have over 30 years of experience handling complex divorces, so you can rely on us to serve your best interests during a dissolution of marriage.

Can My Spouse File for Divorce During My Deployment?

If you are on deployment or active duty, you may have some concerns about being able to respond to divorce proceedings. Failing to appear in court during your divorce could result in a default judgment, meaning that the judge will deliver a ruling without your input. Among other issues, this could have serious implications for how your marital property is divided.

However, you can get necessary protection in the form of the Servicemembers Civil Relief Act, or SCRA. By requesting a stay through SCRA, you can postpone the divorce proceedings. The SCRA stay can last for up to 90 days, though it can be extended if necessary.

Can I Get My Spouse’s Military Retirement Benefits?

As a civilian spouse married to a service member, you might be able to request a portion of your spouse’s retirement pay in your divorce. However, specific requirements must be met in order for the civilian spouse to qualify for direct payment of benefits.

To qualify for military retirement benefits, the civilian spouse must have been married to the service member for at least 10 years, overlapping with 10 years of military service. This is referred to as the "10/10 rule." If the civilian spouse meets this requirement, the Defense Finance and Accounting Service can make direct payments of the retirement benefits to the civilian spouse.

How Is Child Custody Decided With a Military Parent?

The demands of the military can sometimes make it difficult to arrange a suitable long-term custody arrangement. No matter the case, the court will always base its final decision on what is best for the child, considering his or her needs. The court will also consider whether each parent can offer the child a stable home life. 

In Texas, the court may accommodate temporary custody orders based around a military parent’s deployment (Texas Family Code Sec. 153.702). These temporary orders can allow a military parent to exercise his or her parental rights with visitation or long-distance contact. However, the court will only consider a temporary order if the deployment "materially affects" the service member’s parental rights.

Contact a Frisco, TX Military Divorce Lawyer

Trying to handle a military divorce by yourself can be overwhelming. At The Law Office of Linda Risinger, we are very familiar with the state and federal laws that come into play in these cases. To set up a free consultation today, call our offices at 972-294-6533 or contact our Collin County, TX family law attorneys online.