Military Divorce Attorney in El Paso, TX

For military families, figuring out where to file for divorce can feel confusing. Fortunately, Texas law provides some flexibility for service members and their spouses. You do not have to be a lifelong resident of Texas to file for divorce here. If you or your spouse is stationed in Texas, such as at Fort Bliss in El Paso, that military assignment can establish eligibility to file in a Texas court.

In general, Texas requires that one party have:

• Lived in Texas for at least six months, and
• Lived in the county where the divorce is filed for at least 90 days

For active-duty service members, being stationed in Texas for those same time periods meets the legal requirement, even if their legal residence is in another state.

This flexibility means:

• You can file for divorce in El Paso even if Texas is not your original home state
• Your divorce will be handled under Texas family law
• You will not need to travel back to your home state to begin the divorce process

If you are unsure about your eligibility to file in Texas, our law office and firm at Nava Law Texas can help you evaluate your situation and make sure your case is filed in the proper jurisdiction.

Dividing Military Retirement and Benefits in Divorce

One of the most complex parts of a military divorce is dividing retirement benefits. Property division in military divorce includes marital property such as retirement funds and the servicemember's retirement plan. Military pensions are considered community property in Texas, which means they may be subject to division if any portion was earned during the marriage. However, dividing these benefits reasonably requires an attorney who understands both Texas family law and federal military regulations.

At Nava Law Texas, we help clients navigate important details like:

• The 10/10 Rule: This rule allows direct payment of retirement benefits from the Defense Finance and Accounting Service (DFAS) to an ex-spouse or non-military spouse if the marriage lasted at least 10 years during overlapping military service.
• Survivor Benefit Plan (SBP): The SBP provides continued income to a former spouse after the service member’s death, but it must be addressed explicitly in the divorce decree. The former spouse protection act and the spouse protection act are relevant laws that govern these benefits. If not, the former spouse may lose the right to these benefits.
• Thrift Savings Plan (TSP): This military retirement savings account is also subject to property division in divorce as part of retirement funds and must be handled properly to avoid unnecessary penalties or tax issues.
• Healthcare and Commissary Benefits: Eligibility for continued access to military healthcare (TRICARE) and commissary privileges depends on the length of the marriage and military service. A non-military divorced spouse may be eligible for these benefits. We can help determine what benefits you may qualify for after divorce.

Dividing military retirement and benefits is not just a financial matter. It can affect your long-term security and your rights moving forward. Nava Law Texas ensures that these assets are handled carefully, leveraging our extensive experience to help clients achieve a favorable outcome in property division cases.

Parenting Plans and Custody in Military Divorce

When children are involved, military divorce cases require extra care in creating a parenting plan that works with the unique demands of military life. Frequent relocations, deployments, and schedule changes can complicate custody and visitation arrangements, making it essential to build flexibility into any court-approved plan. Child support is also a key consideration, as military service can impact payment amounts and schedules.

At Nava Law Texas, we work with both service members and civilian spouses to create parenting plans that prioritize the child’s best interests while accounting for:

• Deployment and Active Duty: We help clients establish provisions for long-distance parenting, including virtual visitation, temporary custody arrangements, and how transitions will be handled before and after deployment. In cases of deployment, temporary guardianship may be assigned to ensure the child's needs are met during the parent's absence.
• Relocation and PCS Orders: If a parent is reassigned to a new duty station, we assist with modifying custody agreements and protecting parental rights under Texas relocation laws. The role of the custodial parent is especially important in relocation decisions, as they may need to seek court approval or negotiate new arrangements.
• Communication Protocols: Clear communication is key, especially when one parent may be in another state or country. We can help you include detailed expectations for check-ins, updates, and emergency contacts.
• Family Care Plans: Service members are often required to have a Family Care Plan in place. We can coordinate this plan with the legal custody order to ensure consistency and compliance.

Our goal is to help families maintain strong, supportive relationships despite the challenges of military service. Whether you are a mother or father, active-duty or civilian, Nava Law Texas is committed to advocating for your parental rights and helping you protect your relationship with your children. Ultimately, the court makes the final decision on custody and guardianship arrangements, always considering the child's best interests.

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If you are married to an active-duty service member, it is important to speak with a family law attorney who has experience handling military divorce. Military service can affect your rights in unique ways, and the right attorney can help you understand what to expect. The law offers specific protections and entitlements for military spouses, but understanding them can be difficult without experienced legal guidance.

At Nava Law Texas, we support military spouses by providing clear answers and strong advocacy related to:

• Access to Military Benefits: You may be eligible for continued access to TRICARE, commissary privileges, and base housing depending on the length of your marriage and the overlap with military service. We can help you understand what benefits you may retain after divorce.
• Spousal Support: Military spouses often sacrifice career advancement or earning opportunities due to frequent moves or parenting responsibilities. We advocate for fair spousal support and ensure your financial contributions to the marriage are recognized.
• Pension Division: If your spouse earned retirement benefits during the marriage, we help you navigate your share of those benefits and ensure they are properly included in the divorce decree.
• Housing and Relocation Support: If you are currently living on base or need to make plans to relocate, we help you take the proper legal steps and plan for stability.

Being married to a service member comes with unique sacrifices and challenges. Nava Law Texas is here to protect your interests and help you move forward with security and clarity.

How Nava Law Texas Can Help You

At Nava Law Texas, our law firm is dedicated to protecting the legal rights of El Paso military families. We understand that a military divorce is not just about legal paperwork. It is about safeguarding your rights, your family, and your future in a system that can be complicated and unfamiliar. That is why we take a hands-on, personalized approach with every client who walks through our doors.

Here is how we support you during a military divorce:

• One-on-One Attorney Access: You will work directly with a knowledgeable military divorce lawyer who understands the challenges El Paso military families face. Your case will not be passed off to assistants or handled by someone unfamiliar with your story.
• Clear Legal Guidance: We explain your legal options clearly and honestly. Whether it is a question about military pensions, child custody, or spousal support, we give you honest answers based on your specific situation.
• Tailored Strategies: Every military divorce is different. We take time to understand your priorities and develop a strategy that meets your needs while protecting what matters most.
• Support for Service Members and Spouses: Whether you are on active duty or married to someone who is, we know how to help both sides of the military family system. We understand the protections available and how to apply them effectively.
• Focused on Long-Term Stability: We are not just thinking about your divorce today. We are helping you plan for life after divorce, especially when it involves children, shared benefits, or future relocations.

Military divorce in Texas requires more than just knowledge of the law. It takes an advocate who understands your lifestyle, respects your service, and is committed to achieving a fair and secure outcome. That is what you will find at Nava Law Texas.

Contact a Military Divorce Attorney in El Paso, TX Today

Whether you are an active-duty service member, a military spouse, or part of a family stationed at Fort Bliss, military divorce presents unique challenges that require careful legal attention. At Nava Law Texas, we are committed to helping you navigate those challenges with clarity, compassion, and strength.

We offer personalized guidance at every stage of the divorce process, from dividing military benefits to creating parenting plans that work across deployments and relocations. You will work directly with an experienced attorney who understands both Texas family law and the specific legal protections afforded to military families.

If you are ready to take the next step, we are here to help. Contact Nava Law Texas today to schedule your consultation and get the information you need to make informed decisions about your future.

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