Can You Get a Divorce While Your Spouse Is Deployed?

 Posted on October 16, 2026 in Military Divorce

You can file for divorce in Texas while your spouse is deployed. However, federal protections for service members affect when the case moves forward if military duties prevent them from participating. Limited communication and military duties often make the process harder to coordinate.

If you are considering a military divorce in 2026, our Frisco, TX divorce attorneys will explain what to expect and help you start the process.

What Are the Texas Residency Requirements for Divorce During Deployment?

Your spouse being overseas does not prevent you from filing for divorce in Texas, so long as one of you meets the residency requirements in Texas Family Code Section 6.301. Under the usual rules, Texas must have been that person’s permanent home for the past six months, and they must have been a resident of the county where you file for the past 90 days.

Texas law counts time spent away on military service toward residence for a Texas domiciliary. The same protection applies to a spouse accompanying that person during military service.

Under Texas Family Code § 6.304, service members who were not previously Texas residents can also qualify if they have been stationed at military installations in Texas for at least six months, including at least 90 days in the county where the divorce is filed. The same rule applies to spouses accompanying them.

When Does Military Service Delay a Texas Divorce?

Military service delays a divorce when a spouse’s duties prevent them from taking part in court, and the judge pauses the case. The Servicemembers Civil Relief Act (SCRA) requires a pause of at least 90 days when a service member who has received notice of the case submits a request that meets the law’s requirements.

Under 50 U.S.C. Section 3932, they must explain how their military duties keep them from appearing and when they expect to be available. Their commanding officer must also confirm that their duties prevent an appearance and that military leave is not approved.

If military duties still prevent participation after the initial pause, the service member can request more time. The judge reviews the updated information before deciding whether to extend the delay.

Can You Get a Default Divorce in Texas if Your Deployed Spouse Does Not Respond?

In a default divorce, the court decides the case without the other spouse participating. While a default divorce is possible when a deployed spouse fails to respond, the court must first follow federal protections for service members.

Before entering a judgment, the court requires information about your spouse’s military status. If your spouse is serving in the military, the judge must appoint an attorney to represent their interests.

The judge must pause the case for at least 90 days if your spouse needs to be present to raise a possible defense. A pause is also required if the appointed attorney cannot reach your spouse after reasonable efforts and cannot determine whether they have a defense. Your spouse’s silence alone does not allow the court to skip these protections.

Can You Finish an Agreed Texas Divorce During Deployment?

An uncontested divorce can be completed while your spouse is deployed if both of you are able to participate and meet the court’s requirements. Agreeing on divorce means you have settled all issues, including property division and any arrangements for your children.

Your spouse needs time to review the agreement and sign the required documents. Your attorney should also check whether your spouse must attend a hearing and whether the court allows them to appear remotely.

What Should You Prepare Before Filing for Divorce During Deployment?

A divorce involving a deployed spouse requires the same financial records as other divorces, along with information about military duties and how to reach your spouse. These records help identify scheduling problems and determine what needs to be addressed in the divorce.

Useful documents include:

• Deployment orders and any information about the expected return date
• Your spouse’s current contact information and military mailing address
• Recent Leave and Earnings Statements showing military pay and allowances
• Records of bank accounts, debts, and retirement benefits
• Any existing court orders involving your children or support

Let your attorney know about limits on your spouse’s phone or internet access during their deployment. These restrictions affect how your spouse takes part in the case while deployed.

Contact a Collin County, TX Military Divorce Attorney

Divorce during deployment brings practical challenges that require careful planning. The attorneys at The Law Office of Linda Risinger can help you understand military protections and work toward resolving your divorce without unnecessary conflict or expense.

Our local mother-daughter team has practiced family law in Texas for over 30 years. We focus on the best possible results for our clients while keeping costs in mind. Contact our Frisco, TX military divorce lawyers or call 972-294-6533 today to schedule a free consultation.