Round Rock Military Divorce Attorney

Military marriages end under two sets of rules: Texas family law governs how your divorce proceeds through the courts, while federal law determines how your retirement, benefits, and deployment schedule factor into the outcome. When you live in Round Rock and one spouse serves at Fort Cavazos, Camp Mabry, or a duty station overseas, those two rulebooks collide in ways most divorce cases never touch.

At Pennington Law PLLC, our Round Rock military divorce attorneys can keep both systems working in your favor instead of against you. The right preparation protects your share of a military pension, your time with your children, and your financial footing after the final decree.

Our firm handles military divorces across Williamson County with a level of trial preparation few firms in Central Texas can match. Call 512-255-2733 or contact us online to schedule a case evaluation and get clear answers about your situation.

Why Military Families Trust Pennington Law PLLC

Other lawyers refer their most complex trial cases to our firm, and that says more than any slogan could. Tyler Pennington built this practice on organized systems, honest billing that shows you the complete picture, and a courtroom record that holds up when a case cannot settle.

Our family law attorneys treat clients like people, not case numbers. That commitment shows up in a few specific ways:

• Attention shaped around your life: Deployments, training rotations, and Permanent Change of Station (PCS) orders do not follow court calendars, so we build flexible schedules and stay accessible when you need answers.
• Advocacy with a plan behind it: Every move we make, from discovery to mediation to trial, follows a deliberate strategy aimed at the result you actually need.
• Communication without the legalese: You will always know where your case stands, what comes next, and what it costs, in plain language.
• Guidance you can verify: We tell you the truth about your options, even when it is not what you hoped to hear, so your decisions rest on facts.

We are not an intimidating law office. Clients often tell us the process felt manageable because they finally received clear, honest explanations of what was happening at each step. We take real pride in delivering meaningful value relative to the cost.

How Does a Military Divorce Work in Round Rock, Texas?

A military divorce follows the same basic Texas process as a civilian one: a petition, a waiting period, and a final decree. Federal rules then layer on top, changing where you can file, how papers get served, and how fast the case can move when one spouse is on active duty.

Texas Divorce Residency Requirements and Military Service Members

Texas requires that at least one spouse live in the state for six months and in the filing county for 90 days before a divorce petition can be filed. Military service members present a common exception to standard residency analysis.

Under Texas Family Code § 6.304, a service member stationed in Texas from another state may establish Texas residency for divorce purposes if they are stationed for the required period of time. Conversely, a Texas resident stationed outside the state does not lose Texas residency simply by being deployed or reassigned. In both situations, the key legal question is domicile (your permanent legal home), not physical presence at the time of filing.

Serving Papers on an Active-Duty Spouse

Service of process gets complicated when your spouse lives in barracks housing, aboard a ship, or at an overseas installation. Base commanders control access to military property, and international service may run through treaty procedures that add months. A cooperative spouse can sign a waiver of service and skip the problem entirely, which is often the fastest path for families who agree the marriage is over.

Protections Active-Duty Members Have

Federal law refuses to let a divorce proceed behind a deployed service member’s back. The Servicemembers Civil Relief Act (SCRA), at 50 U.S.C. § 3932, allows an active-duty respondent to request a stay of proceedings for at least 90 days when military duties prevent participation.

Courts also cannot enter a default judgment against a service member without first confirming the service member’s military status and appointing counsel to protect the service member’s interests. Our Round Rock military divorce attorneys know how to keep a case on track despite SCRA delays or how to properly use those protections for a deployed client.

How Does Military Service Affect Child Custody?

Texas courts decide child custody, also known as conservatorship in this state, based on the best interest of the child, and military service alone cannot be held against a parent. Deployment does, however, demand planning that civilian parents never face, and the child custody orders in your decree should account for it from day one. Texas law gives deploying parents specific tools, including:

• Temporary custody orders that apply only during the deployment
• Designation of a grandparent or other trusted adult to exercise your visitation time
• Scheduled video and phone contact while you are away
• Make-up parenting time after you return home

A deployment by itself cannot serve as the only basis for permanently stripping your custody rights in Texas. Judges in Williamson County see Fort Cavazos families often enough to understand the difference between a temporary absence and a genuine change in a child’s circumstances.

How Does Military Service Affect Child Support?

Child support follows the Texas guideline percentages, but the income calculation trips up military families constantly. Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) count as income for Texas child support purposes, even though they are tax-free, so guideline support is calculated on a figure larger than taxable base pay. Our Round Rock military divorce attorneys verify every Leave and Earnings Statement line before support numbers are locked into an order.

How Is Property Divided in a Round Rock Military Divorce?

Texas is a community property state, so most assets acquired during the marriage belong to both spouses regardless of whose name appears on the account.

Military benefits sit at the center of these cases, and the terms of property division will affect your finances for decades. The major military assets are divided differently from one another:

• Military retirement: The community share earned during marriage is divisible, and the federal frozen benefit rule values the pension at the member’s rank and years of service on the date of divorce, not at retirement.
• Direct payment eligibility: When the marriage overlapped at least 10 years of creditable service, the Defense Finance and Accounting Service (DFAS) can pay the former spouse’s share directly each month.
• Survivor Benefit Plan: Coverage protects a former spouse’s pension share if the member dies first, but only if the decree orders the election and the filing deadline is met.
• Disability pay: Department of Veterans Affairs disability compensation is not divisible property, and a waiver of retired pay to receive it can shrink the pool from which a former spouse draws.

One missed deadline or one vague sentence in a decree can erase benefits worth hundreds of thousands of dollars over a lifetime. Our Round Rock military divorce attorneys draft these provisions to survive DFAS scrutiny the first time, because fixing a rejected order after the fact is far harder than getting it right initially.

Does Domestic Violence Change a Military Divorce?

Yes, in both the civilian and military systems. A Texas protective order can remove an abuser from the home and restrict contact. At the same time, a commanding officer can issue a separate Military Protective Order that carries consequences under military authority.

Our domestic violence lawyers coordinate both tracks, so protection does not depend on a single order. Dependent spouses of members separated for abuse may also qualify for transitional compensation, a monthly payment that keeps families afloat during the divorce.

Can You Change Court Orders After a Military Divorce?

Court orders are not frozen forever. PCS orders, promotions, separations from service, and new deployments all reshape what a custody schedule or support amount should look like, and Texas allows divorce modifications when circumstances have materially and substantially changed.

Military families tend to need modifications more often than civilian families, simply because the military moves people every 2 to 3 years. Acting quickly matters, since support obligations continue to accrue at the old rate until a new order is signed.

FAQ: Common Questions About Military Divorce in Round Rock

Will a Divorce Affect Your Security Clearance?

The divorce itself will not, but the financial consequences can. Unpaid child support, debts assigned in the decree, or false statements made during the case may trigger a security clearance review, so staying current on all obligations is important to protecting your career.

Does Adultery Matter in a Military Divorce?

It can matter twice. Texas recognizes adultery as a fault ground that may justify a larger property share for the wronged spouse, and adultery remains a punishable offense under the Uniform Code of Military Justice (UCMJ) for the service member.

Can You Keep TRICARE After the Divorce?

Only in limited situations. A former spouse keeps full TRICARE under the 20/20/20 rule, which requires 20 years of marriage, 20 years of service, and 20 years of overlap. Shorter overlaps may qualify for one year of transitional coverage.

How Long Does a Military Divorce Take in Texas?

At a minimum of 60 days, because Texas imposes a mandatory waiting period after filing. Contested benefit issues or an SCRA stay during deployment can extend the timeline to a year or more.

Put a Proven Trial Team on Your Side Before the Clock Runs

Military divorce rewards preparation and punishes delay. Pension elections, residency windows, and support calculations all turn on dates, and the spouse who plans first usually keeps more of what matters.

At Pennington Law PLLC, our Round Rock military divorce attorneys bring the trial strength other lawyers seek out, paired with billing you can actually understand. Call 512-255-2733 or contact us online today to schedule your case evaluation.

We serve all areas in Round Rock and throughout Texas.

Pennington Law PLLC

401 N Lampasas St, Round Rock, TX 78664
(512) 255-2733

Mon–Fri: 8 AM–5:30 PM
Sat–Sun: Closed

Find us with our GeoCoordinates: 30.51173450660427, -97.67835572329295