While you are serving overseas, your spouse at home can serve you with divorce papers. Understanding what federal and Texas law says about this is crucial in protecting your rights.
Breaking down the SCRA
The Servicemembers Civil Relief Act (SCRA) offers you protection when facing a divorce. While the court cannot enter a default judgment against you without appointing an attorney to represent your interests, the case can eventually proceed once you meet the legal requirements for service or notice.
Because your military duties prevent you from participating in the divorce, you have the right to request a 90-day delay of court proceedings. However, you must provide the court with a written statement explaining how your current duties materially affect your ability to appear. Additionally, you must include a letter from a commanding officer stating that duty prevents appearance and leave is not authorized.
While pausing the divorce proceedings is your right, it is not a requirement. You can waive your SCRA protections to move the process, but proper legal notice is mandatory.
Navigating custody and finance protections
Under the Texas Family Code, a court cannot use your military service or deployment as the sole basis for a permanent change in custody. You also have the right to petition to make up time for any visitation you miss during deployment.
As for finances, the SCRA does not exempt you from child support or alimony payments. However, it provides an interest rate cap of 6% for debts you personally or jointly incurred with your spouse before entering active duty service. This does not apply to new debts or financial orders a judge issues during your service.
Stepping into your next chapter with confidence
While the logistics of a military divorce can feel daunting, the process is manageable with the right guidance. You have handled tough missions in the past, which gives you the strength to face an uncertain yet hopeful future. To protect your rights, contact Soulsby Law for a consultation today.