Military Divorce

Military Divorce Attorney in Fort Worth

Fort Worth Military Divorce Attorneys Since 2007. Ready to Litigate When It Matters.

Military divorce follows the same foundational Texas process as any other divorce, but layered on top are federal statutes, military retirement division rules, deployment-affected custody, and residency questions that don’t come up in civilian cases. At Law Offices of Mark M. Childress, PLLC, we’ve handled family law cases of virtually every type since our founding in 2007, and our attorneys collectively bring decades of experience across divorce, child custody, property division, child support, alimony, and modifications. When a military divorce requires going to court, we’re prepared to litigate.

Our four Texas offices in Fort Worth, Benbrook, Southlake, and Arlington keep us accessible to service members and military spouses throughout the region, wherever life has stationed you.

If you’re facing a military divorce in Fort Worth, call our team today at (817) 497-8148 to discuss your situation and learn how we can help protect your rights as you plan for the future.

Why Fort Worth Military Families Work with Us

Founding Attorney Mark M. Childress built this firm after leaving one of the area’s largest law firms because he wanted clients to receive direct attention rather than get lost in bureaucracy. That approach matters in military divorce, where timelines can shift with deployment orders and the terms of a retirement division order can affect a spouse’s financial security for decades. You work with attorneys who know your case, not a rotating cast of associates.

Our firm has been recognized among the Three Best Rated Top 3 Divorce Lawyers in Fort Worth and named by Expertise.com as one of the Best Divorce Lawyers in Fort Worth in 2022. Our attorneys are members of both the Tarrant County Bar Association and the American Bar Association. Beyond credentials, we work to uncover hidden assets, protect parental rights, and give clients a clear picture of what Texas law actually requires in their circumstances.

Dividing Military Retirement Pay & Benefits in Texas

Texas is a community property state, so military retirement pay earned during the marriage is subject to division. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) authorizes Texas courts to divide a service member’s disposable retired pay accordingly. Understanding what “disposable retired pay” means in practice matters: it’s the gross retirement pay minus certain authorized deductions, and it’s the figure a court order can actually reach.

The 10/10 rule is one of the most misunderstood provisions in military divorce. Many people assume it determines whether retirement pay can be divided at all. It doesn’t. The 10/10 rule (10 years of marriage overlapping 10 years of creditable military service) determines only whether the Defense Finance and Accounting Service will pay a former spouse’s share directly. If the overlap is shorter, the court can still divide the retirement. The service member simply becomes responsible for making payments to the former spouse.

Two related issues come up in nearly every military divorce:

VA disability compensation isn’t divisible as marital property under federal law, even when a portion of retirement pay has been waived in favor of disability benefits. This distinction significantly affects how much of the retirement a former spouse can actually receive.
Survivor Benefit Plan (SBP) elections can be addressed in a divorce decree to continue a portion of retirement pay to a former spouse after the service member’s death. Failing to address SBP in the divorce order can leave a former spouse with no continuing benefit.

Talk to a Military Divorce Lawyer in Fort Worth

The financial and custody stakes in a military divorce are too high to address without a clear strategy. Whether you’re a service member, a veteran, or a military spouse in the Fort Worth area, our attorneys are ready to walk through your specific circumstances with you.

Filing for Divorce in Texas as a Military Family

To file for divorce in Texas, at least one spouse must have been a resident of the state for six months and of the filing county for 90 days. Military families often wonder whether time spent away from Texas on orders counts against those requirements. Under Texas Family Code Section 6.303, it doesn’t. Time spent outside Texas while on military duty, or while accompanying a serving spouse, still counts toward both the six-month state and 90-day county residency thresholds for a spouse who already considered Texas home.

Service members who were never Texas residents have a separate path. Texas Family Code Section 6.304 allows a service member stationed at a Texas military installation to establish residency for divorce filing after six months at that installation and 90 days in a specific county. An accompanying spouse can use the same rule. These provisions prevent military families from being jurisdictionally stranded simply because service moved them away from or into Texas.

SCRA Protections During Divorce Proceedings

The federal Servicemembers Civil Relief Act (SCRA) provides procedural protections for active-duty service members when military duties interfere with their ability to participate in legal proceedings. A service member may request a stay of divorce or custody proceedings, generally for at least 90 days, when their duties materially affect their ability to appear or respond. The SCRA also prohibits courts from entering a default judgment against an active-duty service member who hasn’t been properly notified or represented.

These protections matter for both sides. A service member who needs time to respond to a filing has a federal right to request it. A military spouse seeking to move a case forward needs to understand how the SCRA applies so the process doesn’t stall indefinitely. Knowing which protections apply and when helps both parties plan realistically.

Child Custody & Deployment Under Texas Law

Texas Family Code Chapter 153, Subchapter L addresses custody and visitation when a military parent faces deployment, mobilization, or temporary duty. This framework removes one of the most common obstacles for military parents: ordinarily, modifying a custody order requires showing a material and substantial change in circumstances. Under Section 153.702, either parent can request a temporary order addressing custody, possession, and child support when military service materially affects a parent’s ability to exercise their rights, without meeting that threshold.

Several practical provisions apply once those temporary orders are in place:

Designated caregiver periods: A deploying parent can ask the court to transfer their visitation time to a designated person during deployment. That arrangement ends automatically when the parent returns to their usual residence.
Expedited hearings: Under Section 153.707, courts can hold expedited hearings when a conservator’s military duties prevent them from attending a regularly scheduled hearing.
Makeup visitation: A noncustodial parent who missed visitation due to deployment may request makeup time, generally within 90 days after the deployment, mobilization, or temporary duty ends.

Permanent change of station (PCS) moves add another layer, since relocation can affect which parent the child lives with and how possession schedules work across distance. Addressing these possibilities in the original custody order avoids unnecessary return trips to court every time orders change.

Law Offices of Mark M. Childress, PLLC provides the personalized attention your case deserves, without the delays of large-firm bureaucracy. Call (817) 497-8148 to schedule a consultation with our Fort Worth military divorce attorneys.

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"My questions were heard and answered without having to ask twice."
Value a capable team with experienced staff. For the past 9 months, the folks at the Law Offices of Mark Childress handled my case with class and empathy. My questions were heard and answered without having to ask twice. I felt like I was kept in the loop and always briefed properly. As I move forward with other ventures I wouldn't be surprised if we crossed paths again. And hats off to Konner, THANK YOU!

- Cody C.
"Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client."
I needed an attorney who would stand up for me and my child during a very hard time. Mark was there to answer every question, every phone call and did it in a way that I felt as if I were his only client. He was very knowledgeable not only about the law but about the opposing attorney and the judge. He prepared me well and we won our case. I would recommend Mark Childress to anyone who is fighting for custody or in need of child support.

- Kelley C.
"I highly recommend him and his staff. They are courteous, prompt and they care."
I called in inquiring about a divorce and how it all happens. I had 2 people call me back within an hour and in an hour maybe 2 I was talking with the lawyer. I highly recommend him and his staff. They are courteous, prompt and they care. Divorce is the hardest thing we will go through minus losing a kid and his team will be retained. He even called me back himself the next day to see how I was. Great service.

- Bobby N.
"This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years."
This guy is amazing. In a matter of minutes, he accomplished what no other attorney could in 6 years. He had my case figured out in 1short conversation and had what he called "a convoluted mess" fixed. I'm pretty sure my ex felt like he'd been hit by a bus. My family is finally in tact and everyone is finally happy.

- Heather S.

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Our Attorneys personally handle each case themselves. You will have direct access to your attorney to be able to get the answers that you need.
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At our firm you're not just a case number, our board-certified staff will always know the status of your case and help to make your situation more manageable.
Personalized Approach

Our board-certified team understands that no two cases are the same. Your strategy will be tailored specifically to you and your family's goals.