Law Office of Roland R. Esparza, P.C.

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Divorce for active duty service members can be complicated

For most people in Texas, the paperwork required for a divorce can be filed easily in the state where they live. However, when the divorcing couple is in the military, the situation can be more complicated. At the Law Office of Roland R. Esparza, PC, we often help clients in the military file for divorce.

According to Military.com, frequent re-assignments may mean that the couple has not been in their current location long enough to establish residency. Members of the military community may be from one state, get married in another, own property in a third state and be living in a fourth. In these circumstances, it may be difficult to know where to file the paperwork. 

If both one or spouses are military personnel, they may choose the state in which the divorce will take place. Where the marriage began has no bearing on where it ends. There are several factors to consider before deciding where to establish residency to file for divorce. Think about where you own property, have a bank account and qualify for in-state college tuition. Was your driver’s license issued in a state where these events took place? If so, your residency may already be established, which can make the process easier.

You should also find out if the states in which you lived offer “no-fault” divorces. This means that no explanation is needed before legally ending the marriage. Some states require a separation period of up to a year before a couple can file the final paperwork. However, Texas and Florida do not. Visit our webpage for more information on this topic.

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