Military Divorce Attorney in Lewisville, TX

A West Point Graduate Who Understands Military Divorce From the Inside

If you’re a service member or military spouse considering divorce, you need a military divorce lawyer who understands more than the law. Attorney John Haugen graduated from West Point in 1984 and served as a U.S. Army captain. That background shapes how we approach every military divorce case we take on.

Military divorce isn’t the same as civilian divorce. Federal laws including the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses Protection Act (USFSPA) govern key aspects of military divorce proceedings alongside Texas state law, creating a legal landscape that requires an attorney familiar with both frameworks. Financial and property matters unique to military service add further complexity that civilian divorce attorneys simply don’t encounter.

We’ve been handling family law matters since 2007 and serve clients throughout Denton, Dallas, and Collin Counties from our office in Old Town Lewisville.

Unique military divorce matters we handle include:

• Division of military benefits
• Division of military retirement
• Child support involving active military
• Alimony involving active military
• Child custody when one parent is deployed overseas
• Property division
• Court-ordered modifications

If you’re ready to talk through your situation, call us today at (972) 460-6798. We offer remote consultations for clients throughout Denton County and the surrounding area.

Protection Under the Servicemembers Civil Relief Act (SCRA)

The SCRA protects active duty service members from being put at a legal disadvantage because of their military obligations. If your spouse files for divorce while you’re deployed overseas, you can’t be penalized for your inability to appear in court. Courts can’t enter a default judgment against you simply because your duties kept you away. Under the SCRA, if your military service prevents you from appearing, you can request a stay of divorce proceedings for a minimum of 90 days. That protection applies during active duty and for up to 90 days after release from service.

Your property and assets are also protected as long as you meet the requirements for SCRA coverage. If you’re deployed and have received divorce papers, don’t wait. Contact a military divorce attorney promptly so you can invoke these protections before any deadlines pass.

Military Retirement Pay & Post-Divorce Benefits Under the USFSPA

The Uniformed Services Former Spouses Protection Act (USFSPA) is a federal law that authorizes state courts to divide military disposable retired pay as marital property in divorce. Texas treats military retirement pay earned during the marriage as community property subject to a just and right division. VA disability compensation and certain other forms of military pay are generally not divisible.

For a non-military spouse to receive direct payment of retired pay from the Defense Finance and Accounting Service (DFAS), the couple must have been married for at least 10 years overlapping with 10 years of creditable military service. If that threshold isn’t met, the non-military spouse may still receive a share, but payments run through the service member rather than directly from DFAS.

Two additional protections may apply depending on the circumstances of the marriage. Under the 20/20/20 rule, if the couple was married for at least 20 years, the service member completed at least 20 years of qualifying service, and those periods overlapped by at least 20 years, the former spouse may retain military health benefits along with commissary and exchange access. A former spouse may also seek coverage under the Survivor Benefit Plan, which can provide continued income after a retired service member’s death.

Texas Residency Requirements for Military Divorce

Texas generally requires that one spouse have lived in the state for six months and in the filing county for 90 days before a divorce petition can be filed. Military families move frequently, and Texas law accounts for that reality. Under the Texas Family Code, service members stationed outside Texas who claim Texas as their home of record are deemed Texas residents for filing purposes. Texas residents accompanying a service member spouse stationed outside the state retain that residency for filing purposes as well.

A service member not originally from Texas who is stationed here may file for divorce in Texas if they meet the residency time requirements during their assignment. Time spent outside Texas on active duty orders counts toward the six-month residency requirement. If you’re uncertain whether a Denton County court has jurisdiction over your situation, speaking with a military divorce attorney in Lewisville can help clarify your options.

Contact Our Denton County Military Divorce Attorneys Today

Attorney Haugen graduated from West Point in 1984 and served as a U.S. Army captain. His military training informs how we prepare cases from day one, and it shapes our understanding of the financial, custody, and procedural realities that service members and their spouses face during divorce.

We offer remote consultations for clients throughout Denton, Dallas, and Collin Counties. We also offer a 20% discount to active duty military members, school teachers, and firefighters, and a 10% discount to military veterans.

To speak with a military divorce attorney serving Lewisville and Denton County, call us today at (972) 460-6798.