Jasper, TX Divorce Law Firms & Lawyers

He must file for a divorce.  He may have facts for an annulment, even.  The cost is a typical county is about $250 to file for a divorce, but provided they have no accumulated much in debt or assets, the process should be fairly quick.  He will have to wait 60 days from the date of filing to obtain a final Divorce Order/Decree - as that is Texas law.  He should contact an attorney ASAP.  Many, like myself, offer free consultations to residents in their area.

Short answer:  Probably, yes.   Whatever retirement was earned by either party during the marriage is subject to division by the judge at divorce.   This means that the retirement you earned prior to the marriage is your separate property and the retirement earned during the marriage is community property.  Also, any retirement your spouse earned during the marriage is also subject to division as community property.  Generally speaking, if you were married for 10 years while you were on active duty, she would be awarded 25% of your disposable retired pay.   If you have waived part of your retired pay (for example to receive VA disability pay), she would not be entitled to a share of the VA disability.  Fault in the breakup of the marriage is one basis by which the court can award a disproportionate share of the community property to the wronged party.

Nothing prevents him from "fling" to have the custody order modified to include what is commonly known as a "morals clause." Will he be successful? That depends on a number of factors.