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Rudd Legal Military Divorce

Prosper Military Divorce Lawyers

Supporting Military Families in Divorce Proceedings

Serving the Dallas–Fort Worth area, Rudd Legal, P.C. is a military-friendly law firm that understands the unique challenges facing military members and their spouses when filing for divorce. Whether you are stationed in Texas or are about to be deployed overseas, we understand the need to get your divorce finalized as quickly as possible. With the help of our military divorce lawyers, you can get the legal guidance you need to file for divorce and to come to an agreement regarding all divorce-related matters.

Understanding the Unique Aspects of Military Divorce

Military divorces involve specific legal considerations and complexities that differ from standard civilian divorces. Our Prosper military divorce lawyers are experienced in handling the intricacies of military divorce, including:

  • Division of military pensions and benefits
  • Deployment and relocation issues
  • Child custody and visitation arrangements for military parents
  • Service of process on active-duty military members
  • Spousal support and alimony considerations

Get in Touch with Our Prosper Military Divorce Attorney

At Rudd Legal, we understand the challenges that military families face during divorce proceedings and are dedicated to providing compassionate and knowledgeable legal representation tailored to the unique circumstances of military life.

To learn more about your options and how a military divorce attorney near you can help, contact our team at (833) 372-0569.

Types of Military Divorce

Military divorce generally falls into one of the following categories:

  • Standard divorce
  • An uncontested divorce
  • A divorce with a military spouse who is being deployed

To better understand the divorce process, let's take a look at each type of military divorce.

Standard Divorce

A standard divorce is a divorce between two civilians that are not in the military. The divorce process is the same as any other divorce, but the court may consider military service when determining the division of property and the award of spousal support (alimony). For example, if one spouse stayed home to take care of the children while the other was in the military, the court may award the home-maker with more property or assets.

Uncontested Divorce

An uncontested divorce is a divorce that does not involve any disputes or disagreements between the spouses. When spouses are able to reach an agreement on all divorce matters, an uncontested divorce can be finalized more quickly and at a lower cost. An uncontested divorce is ideal for military couples because it allows them to file for divorce while the service member is deployed, or even while on active duty. The service member simply needs to file the divorce petition in the state where they reside, and the non-military spouse can file for divorce in their home state.

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Divorce with a Military Spouse Being Deployed

If you are planning to divorce while your spouse is deployed, there are a few things to consider. First, you need to file for divorce in the state where you reside. Second, you will need to wait until your spouse returns from deployment before you can finalize your divorce. This is because the service member must be served their divorce decree while they are on active duty. In Texas, the divorce decree must be served the military spouse's commanding officer.

If you are planning to divorce while your spouse is deployed, there are a few things to consider. First, you need to file for divorce in the state where you reside. Second, you will need to wait until your spouse returns from deployment before you can finalize your divorce. This is because the service member must be served their divorce decree while they are on active duty. In Texas, the divorce decree must be served the military spouse's commanding officer.

In addition, the service member must wait at least 90 days after they are served with their divorce decree before they can finalize their divorce. This is because the military requires the service member to be physically present at their new duty station for at least 90 days before they can be officially discharged. If you are in a hurry to get a divorce, you may consider filing for an uncontested divorce or a divorce with a military spouse who is being deployed. This will help you get your divorce finalized more quickly and at a lower cost.

Military Divorce Mediation

Since a divorce involving a service member can only be finalized after the service member is served their divorce decree, it may take longer for the divorce to be finalized. This is especially true if the service member is deployed or away from their home base. However, you can speed up the process by working with a mediator who is familiar with the military divorce process. By working with a mediator, you can file for divorce and then proceed with mediation right away. Mediation will help you and your spouse reach an agreement on all divorce-related matters, and your divorce will be finalized much more quickly and at a lower cost.

If you would like to learn more, please contact our military divorce lawyers at Rudd Legal, P.C. We are here to help, and we are just a call away at (833) 372-0569.

Texas Military Divorce FAQ

Can a military spouse file for divorce while deployed?

Yes, a military spouse can file for divorce while deployed. However, it is important to consult with a military divorce lawyer to ensure all legal requirements are met and to address any unique challenges related to the deployment.

Are military retirement benefits divided during a military divorce?

Military retirement benefits are considered marital property and may be subject to division during a military divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs the division of military retirement benefits in divorce cases.

What are the key differences between a standard divorce and a military divorce?

One key difference is the division of military benefits and pensions. Additionally, issues related to deployment, relocation, and the Servicemembers Civil Relief Act (SCRA) can significantly impact the process and outcomes of a military divorce.

How does the Servicemembers Civil Relief Act (SCRA) affect military divorce proceedings?

The SCRA provides certain legal protections for active-duty service members, including the ability to request a stay or postponement of court proceedings. It is important to work with a lawyer who understands how the SCRA may impact divorce proceedings involving military members.

Five-Star Client Testimonials

We prioritize your family's experience, and it shows. Read some of our client reviews below.
    "Can't Recommend Them Enough!"

    Blake and Erin are professional, meticulous, and above all care deeply about their clients. The counsel that I received from Blake proved to be invaluable time and time again. They simply care about the clients not just in the beginning but throughout the

    - Raja R.
    "Compassionate and Knowledgeable"

    Blake's knowledge of the law and the legal system has been useful in handling family law matters. More important than his legal skills, is his knowing when not to be a lawyer and just be a resource on how to deal with the real-life implications and emotion

    - Robert T.
    "We'd Follow This Team Anywhere!"

    Blake is by far the best! He truly cares about our family and understands the ins and outs of family law. With so much at stake, we really didn’t want a lawyer that didn’t have our best interests at heart. He invested his everything into our ca

    - Colton W.
    "A Great Communicator"

    Blake was a great representation during a really tough time in my life. He was a great communicator and showed real care for my case. Very personable and compassionate, he fought every step of the way to help me. Throughout the process, he was always there

    - Ryan B.
    "Top-Notch Team"

    Blake and his team are top-notch and stand by their word. They reassured me of every worry and were very detailed with every action they took. These cases can be prolonged due to the opposing counsel and unlike other lawyers, they worked with me and found

    - Jorge G.
    "Very Well Worth the Money"

    The Rudd Legal team is very professional, family-oriented, and hard-working. They are very well worth the money. They won my case for me in a short period of time by how fast they worked and how knowledgeable they are and my cooperation.

    - Kyle K.
    "They Want to Help and Truly Understand"

    Rudd Legal and team were absolutely professional from day one! Blake is very fast to respond and a complete professional! The best thing about Rudd Legal and team is that it’s not just about billing their clients... they want to help and truly unders

    - Donny H.
    "They Were Awesome"

    If I could give more than 5 stars, I would! Blake and Erin are the utmost professional and polite legal team I have ever come across. They were on point with my son's case and handled everything in a very timely manner. They helped my son gain full custody

    - Tammy K.

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