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An Introduction to the Divorce
Process in Dallas Texas
Separation
Filing for Divorce
Temporary Divorce Orders
Conducting Divorce Discovery
Mediation and Settlement
in the Divorce Process
Collaborative Representation
in the Divorce Process
Divorce Trials In Dallas
Decree of Divorce
Appellate Process in
the Dallas District
Divorce Modification
Paternity
Adoption
Grandparent Access
Child Protective Services
Abuse
Divorcing a US Military
Service Person
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Military Divorce
Like a private sector retirement plan, military retirement
can also be characterized as community property, to the
extent earned during marriage. The Uniformed Services Former
Spouses' Protection Act (USFSPA) expressly declares that
"disposable retired pay" received as nondisability
military retirement and earned during marriage is community
property subject to division on divorce.
Under the Soldiers' and Sailors' Civil Relief Act of 1940, a
default judgment may not be entered in any proceeding in any
court unless the petitioner has filed an affidavit stating
that:
- The respondent is not currently in the United States
military service;
- The respondent is currently in the military; or
- The petitioner is unable to ascertain whether the
respondent is currently in the military.
If the respondent is in the military or the petitioner does
not know the respondent's military status, the trial court
may enter a judgment only after an attorney has been
appointed to represent the respondent. A default judgment
taken without following these requirements is not void, but
is voidable on a showing of prejudice by the service member.
A default judgment taken against a service member during a
period of military service or within 30 days of the date
military service ends may be reopened by the court that
originally rendered judgment if it appears that (1) the
service member was prejudiced by reason of military service
in making a defense, and (2) the service member has a
meritorious or legal defense to all or part of the action.
The service member must apply to have the judgment reopened
while still a service member or within 90 days of
termination of service.
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