Compassionate, Strategic Legal Support for Service Members and Their Families Across Central Texas
Military divorce isn’t just divorce in uniform — it’s an entirely different legal landscape. At The Eggleston Law Firm, we’ve spent over 11 years working on military divorce cases in Texas — 9 of those right here in the Austin area. We know what sets these cases apart and how to plan for the complexities that military families face. From navigating the Servicemembers Civil Relief Act (SCRA) to dividing military pensions and handling custody during deployment, we bring experience and clarity to every case.
We proudly serve service members stationed at or near Fort Cavazos, Camp Mabry, Joint Base San Antonio, and throughout Central Texas. Whether you’re active duty, a military spouse, or a veteran, our Austin-based legal team is here to protect your rights and guide you through the divorce process.
We strive to achieve the best possible outcome
Let us know how we can help:
call us 512-846-7074
How Military Divorce Works in Texas
Military divorces in Texas are governed by both state law and federal regulations. While many of the legal processes are similar to civilian divorces, there are key differences:
- Division of military retirement benefits and pensions
- Consideration of federal protections like the SCRA
- Parenting plans that accommodate deployments and future relocations
- Understanding how different benefits and entitlements are affected post-divorce
Attorney Jillian French, who leads our military divorce practice, has spent years working with service members and their families in and around Fort Cavazos and Harker Heights. This background gives our firm deep insight into the challenges and goals of military clients.
Jurisdiction and Residency Requirements
Military families are often on the move. In Texas, to file for divorce:
- You or your spouse must have lived in Texas for at least six months, and
- In the county of filing for at least 90 days.
If Texas is your home of record, you may still qualify even if you’re stationed elsewhere. We help ensure your case is filed in the correct jurisdiction to avoid delays and ensure the court has proper authority to handle your case.
The Servicemembers Civil Relief Act (SCRA)
The SCRA provides important protections for active-duty service members, including the ability to pause divorce proceedings if military service prevents participation. However, as Attorney French explains, SCRA doesn’t prevent the division of military retirement — a common misunderstanding among service members. It’s simply one of the many rules we account for when handling military divorces.
Military Retirement, SBP, Tricare & Other Benefits
Dividing military pensions and benefits is one of the most complicated parts of a military divorce. At The Eggleston Law Firm, we:
- Gather necessary documents based on active duty, retired, or reserve status
- Perform accurate calculations of the marital share of military retirement
- Discuss Survivor Benefit Plan (SBP) elections — an often-overlooked asset
- Handle drafting of Domestic Relations Orders (DROs) when needed
- Explain how VA Disability and Tricare coverage may factor into the agreement
We also educate clients on critical points, such as:
- You don’t need to be married for 10 years to receive a share of retirement
- Direct DFAS payments require at least 10 years of marriage overlapping with 10 years of creditable service (10/10 rule)
- Military retirement is only payable if the service member actually retires — it’s not guaranteed
My experience with The Eggleston Law firm was extremely positive. Janice is knowledgable, professional, thorough and very responsive. I appreciate that Janice took time to explain options to me and made sure all my questions were answered.
C.T.
Janice Eggleston and her firm helped me through multiple cases. She is a beast in the court room, a force to be reckoned with. I will most definitely go to her again in the future if I need a lawyer.
J.C.
Child Custody, Deployment & Active Duty Parenting
Custody is a deeply personal concern for our clients — and military life adds extra layers of complexity. We frequently help:
- Draft parenting plans that account for long-distance travel and deployment
- Plan for relocations or PCS orders post-divorce
- Adjust custody when both spouses are active duty (which requires added contingencies)
- Use Zoom and remote communication to keep deployed parents involved
Our firm also assists with post-divorce modifications for relocation, especially when reassignment was not addressed in the original court orders.
Common Military Divorce Mistakes — And How We Prevent Them
We often see other firms miss important pieces in military divorce cases, including:
- Miscalculating or improperly dividing retirement benefits
- Failing to account for SBP elections or post-divorce Tricare eligibility
- Overlooking relocation clauses or deployment schedules in custody orders
We address these early to prevent future problems — and our goal is to build long-term stability into your divorce agreement from day one.
What to Expect from Your Consultation
During your first consultation with The Eggleston Law Firm, you’ll receive:
- A comprehensive overview of your options
- Clear answers to common concerns about military retirement, Tricare, custody, and DFAS
- A plan that accounts for both current circumstances and future military moves
We understand that military life involves uncertainty, and we’re here to help you plan for it — whether you’re stateside, deployed, or stationed abroad.
Why Military Families Trust The Eggleston Law Firm
Supportive, Strategic Counsel — We guide clients with compassion, knowing this may be one of the most difficult transitions of their lives.
11+ Years of Experience — With nearly a decade of military divorce work in the Austin area, we know this terrain well.
Local & Remote Representation — We handle hearings remotely when possible, which is critical for clients deployed or overseas.
Deep Central Texas Roots — Our work with military families began in Harker Heights, and we continue to serve Killeen, Belton, Temple, and beyond.
Call Now to Speak with a Military Divorce Lawyer in Central Texas
Whether you’re an active-duty parent preparing for deployment or a military spouse planning for life post-divorce, The Eggleston Law Firm is here to help.
Contact us today to schedule your confidential consultation with a knowledgeable and experienced military divorce attorney serving Austin, Fort Cavazos, and all of Central Texas.
We strive to achieve the best possible outcome
Let us know how we can help:
call us 512-846-7074
Frequently Asked Questions (FAQ)
No. You are entitled to a share of the military retirement earned during your marriage, even if you were married less than 10 years. The 10/10 rule only affects whether DFAS can pay you directly.
No. The SCRA does not prevent retirement division — it allows service members to delay proceedings if they are deployed or unavailable due to service.
We can build relocation provisions into your custody order or help modify existing orders if military reassignment wasn’t originally considered.
Yes. We regularly handle military divorces remotely using Zoom and secure communication. Depending on your deployment, a stay of proceedings may be requested if needed.
Possibly. Tricare eligibility depends on your years of marriage overlapping with years of military service (20/20/20 or 20/20/15 rules). We can help determine your eligibility.
Attorney Jillian French has over 11 years of experience in military divorce cases and spent her early career serving military families near Fort Cavazos. We bring unmatched experience and understanding to your case.
