Jackson, Landrith & Kulesz

Military Divorce

Military Divorce Attorney in Arlington

Board-Certified Family Law Guidance for Military Divorce

Military divorce combines Texas divorce law with federal rules governing retirement pay, service-related protections, and military benefits. These overlapping laws can affect where a case is filed, how property is characterized, and what a divorce order must include.

Jackson, Landrith & Kulesz represents service members and civilian spouses in Arlington, Texas. Our practice includes Board Certification in Family Law by the Texas Board of Legal Specialization, a credential directly relevant to the property, parenting, and support questions that arise in these cases.

Speak with our military divorce attorneys about your circumstances and legal options. Call (817) 587-6452 to start the conversation.

Military Divorce Representation in Arlington

We handle matters ranging from uncontested divorces to highly contested, high-net-worth, and same-sex cases. Our military divorce representation addresses retirement benefits and deployment concerns alongside the underlying divorce issues.

Our services include:

Clear Communication & Practical Divorce Strategy

Our team brings more than 100 years of combined legal experience to the matters we handle. We provide responsive updates and explain important developments so clients can make informed decisions throughout their cases.

Each strategy reflects the client’s property, parenting responsibilities, service obligations, and long-term family goals. We take a practical, cost-conscious approach instead of applying the same template to every divorce.

When mediation is appropriate, we prepare clients for the session and advise them on negotiation tactics. This process can address contested divorce issues, but retirement and benefit provisions still require careful evaluation.

Our attorneys and staff provide services in five languages, including Spanish-language assistance for divorce clients.

Texas Filing Rules & Federal Military Protections

Texas divorce residency generally requires either spouse to have been a Texas domiciliary for the six months before filing and a resident of the filing county for the preceding 90 days. Domicile refers to a person’s established legal home, which isn’t always the same as a temporary duty location.

A military spouse stationed in Texas for six months and at a county installation for 90 days is treated as a Texas domiciliary and county resident for divorce-filing purposes. The same rule applies to an accompanying spouse. The correct filing location still depends on the household’s specific residency and assignment facts.

Texas courts generally can’t grant a divorce before the 60th day after the petition is filed. That waiting period doesn’t establish the total duration of a case, which varies with service of process, contested issues, scheduling, and any applicable military protections.

Servicemembers Civil Relief Act Stays

The Servicemembers Civil Relief Act protects eligible military personnel when their duties materially affect their ability to participate in civil proceedings. A qualifying servicemember can request a stay, which temporarily pauses the case. When the statutory conditions are met, the required initial stay is at least 90 days.

A stay isn’t automatic merely because one spouse serves in the military. Eligibility and timing depend on the servicemember’s duties, how they affect participation, and whether the request satisfies federal requirements.

Deployment & Child Custody

Deployment can require temporary changes to possession schedules and parenting responsibilities. Under Texas law, a temporary custody order based solely on deployment must expire no later than the period justified by that deployment. Deployment alone can’t serve as the sole basis for a permanent custody change.

Naval Air Station Joint Reserve Base Fort Worth is among the nearest major military installations to Arlington and Fort Worth. For families connected to the installation, assignment details can affect residency, participation in proceedings, and parenting schedules.

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The Right Legal Team Makes All the Difference

Client-Focused and Responsive Representation

At Jackson, Landrith & Kulesz, PC, we prioritize clear and consistent communication. Our attorneys are committed to promptly returning calls and emails, keeping you informed at every step of your case.
Experienced Legal Advocacy Across Multiple Practice Areas
With 60+ years of experience, we provide top-tier representation in immigration, family law, personal injury, real estate, estate planning, and business law.
A Dedicated Team Ready to Fight for You
When legal issues arise, you need a team that acts fast. Our team gets to work immediately, using our expertise to protect your best interests and pursue the best possible outcome.
A Proven Track Record of Success

Our firm’s long history of service to Texans speaks for itself. Clients trust us for dedicated advocacy, personalized service, and strong results—time and time again.

Discuss Your Military Divorce with Our Team

We advise military personnel and spouses in the Arlington and Fort Worth areas on divorce, property, parenting, support, and benefit concerns. Our contact page provides a way to share the circumstances you would like to discuss.

As military divorce lawyers serving Arlington, we focus our communication on each client’s questions, priorities, and available legal steps.

Call (817) 587-6452 to discuss your military divorce concerns with Jackson, Landrith & Kulesz.

Dividing Military Benefits & Property in Texas

Texas is a community property state. Property acquired during marriage is generally subject to division in a manner the court considers just and right, while separate property receives different treatment. Retirement benefits add federal limitations and payment rules to that state-law framework.

Retirement Pay & the 10/10 Rule

The Uniformed Services Former Spouses’ Protection Act authorizes state courts to treat disposable military retired pay as marital or community property under state divorce law. It doesn’t require a court to divide that pay or dictate the percentage awarded.

The 10/10 rule governs direct payment by the Defense Finance and Accounting Service, commonly called DFAS. Direct payment is available when the marriage and creditable military service overlapped for at least 10 years. A court can still award a former spouse part of the benefit without that overlap, but payment generally comes from the servicemember rather than DFAS.

The Frozen Benefit Rule calculates a former spouse’s share using the servicemember’s pay grade and creditable service as of the divorce decree. The order must address retirement division with the precision required for the intended division and payment method.

VA Disability & Survivor Benefits

Under the United States Supreme Court decision in Mansell v. Mansell, amounts waived from military retired pay to receive VA disability benefits aren’t divisible as marital property. The characterization of pay therefore matters when assessing the property available for division.

The Survivor Benefit Plan can provide an annuity after a participating retiree dies. When a court order requires former-spouse coverage and the retiring member doesn’t make the election, the former spouse can seek a deemed election from DFAS. That request generally must be submitted within one year of the order requiring coverage.

Health Benefits, Deployment & Parenting Plans

Divorce can change eligibility for military health care and installation access. The result depends on federal eligibility rules and the family’s circumstances, so continued access shouldn’t be assumed from the length of the marriage alone.

Parenting arrangements also need to address decision-making authority, possession schedules, and child support. Deployment or reassignment may call for temporary planning or later modification of an existing order. We assess those concerns within the broader custody and support issues in the case.

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At Jackson, Landrith & Kulesz, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"I highly recommend Virginia and the team at Jackson, Landrith & Kulesz to anyone looking for an experienced and trustworthy immigration attorney."
I am very thankful to Virginia and to Jackson, Landrith & Kulesz for their support throughout my husband’s green card process. Virginia handled our marriage-based case with exceptional care and expertise, guiding us clearly through each stage and

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Everything was expedited in a very timely manner. Ms. Brown has been a great communicator and her instructions have been clear and helpful. I have appreciated their help and counsel throughout a difficult time.

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"One of the most brilliant, and caring lawyers."
After consulting with numerous lawyers I decided on David Kulesz. He is one of the most brilliant, and caring lawyers. David is very competent and knows how to move quickly and strategically to protect your children, assets, and organization. I would highly recommend David.

- Patty G.
"David is AMAZING & is one of the most competent family law Attorney EVER!"
He honestly cares about the needs of his client and what’s in the best interest of the kids. I feel so blessed. I am a single father and have custody of my children, thank you David Kulesz for believing that men can be great single parents too.

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Brent was very instrumental in my case and was particularly good at listening to my needs. Divorce is a very sensitive matter and requires someone that understands this and works hard toward a quick resolution. I fully recommend Brent for divorce cases.

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She was also willing to answer our questions at any time almost instantly, including late at night and on weekends. She also offered to help us prepare for the interview. The experience working with her was very pleasant and she is a trustworthy attorney!

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Virginia helped us navigate the process from start to finish, always being available, friendly, and efficient whenever we had questions.

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"Great advisor for all things immigration."
Virginia was incredibly responsive, knowledgeable, and all around great advisor when it came to filing and taking care of all of the documentation for us.

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