How Is Military Divorce Different?
Being a military member, especially one serving overseas or away from home, adds
a new dimension
to
the legal
process
of divorce
or
separation.
If
you
are
contemplating
a
military
divorce,
then
you need
to
find
a
skilled
lawyer
with experience
dealing
with the
unique
circumstances
that can arise
from
a
military divorce.
At Diggs & Sadler, our Houston military divorce attorneys understand the unique
circumstances
and
situations
that
can
impact
a
military
divorce.
Whether
you
are
currently
a
servicemember
or are
the spouse
of
a
service
member,
we
know
what it
takes to
help
you
protect your
family
and your
financial
stability.
A divorce is a major life event that could impact you for the rest of your life,
especially if
you
have children.
Don’t
put
your
future
in
inexperienced
or
incapable
hands. Trust
the
team
with
the
experience
and
resources
to
help you navigate
the
sometimes-complicated
process
of divorce
in the military.
Military Divorce in Texas
The Servicemember Civil Relief Act
is a piece of federal legislation that, in part, helps protect active-duty military
members from being divorced by their spouses without
their
knowledge.
In order for a Texas court to even hear divorce proceedings, the active-duty military
member must be served with divorce papers in person.
A
military
divorce
can
also
be postponed while a service
member is on
active
duty and
for
an additional
60
days
after their return.
An active
duty servicemember
can waive
these
protections
if
they
want
to
proceed with divorce
as
soon
as the divorce is
filed,
regardless
of active-duty status.
It is crucial to seek an attorney with experience dealing with military divorces
due to the federal laws that exist to protect active-duty
military members.
What Does a Military Divorce Involve?
There are unique aspects involved in a military divorce that may not be applicable
to a civilian
divorce.
Making
sure that
your
attorney
understands
these
issues
and
the
complications
that
can emanate
from
these
issues
is
essential.
Some of the specific items that may come into play in a military divorce include, but are not limited to:
- Deployment and
child custody
- Housing
- Base privileges
- Division of pensions
-
Spousal support
- Survivor benefits
- Health care benefits
- Other military benefits
Having an attorney that is experienced with military divorce matters means that you
are on the right
path
when
it
comes
to fighting
for
the
best
possible
outcome
for
you
and
your family.
Military Divorce & Residency Requirements
One of the complications that can arise from a military divorce stems from residency.
Just because you currently live in Texas doesn’t necessarily mean that you are able
to file for divorce in the state of Texas; however, if you are a member
of
the
military
or are the spouse of someone in the military, then you may
file
for
divorce
in Texas
if you have been in Texas long enough to meet
the residency
requirements.
To file for divorce in Texas, you must have been a "domiciliary” of the state for
at least six months prior to filing for divorce, as well as a resident of
the
county
that you are filing in for at least 90 days prior to filing for
divorce.
Furthermore,
Texas law considers that a military service member
who
chooses
Texas
as his or her
domicile to be a resident domiciliary of
Texas
regardless
of where
that person’s
military service takes him or her.
Do you currently live in Texas, or is Texas your home and you are away on active military service? Would you like to proceed with a military divorce? If so, then contact the law firm of Diggs & Sadler now! Our Houston military divorce attorneys can review your case and help you determine if you meet the state’s residency requirements.
Division of Military Benefits & Property in a Military Divorce
Federal law dictates that couples married for 10 years or more must share a military
member’s retirement benefits. However, Texas also has additional laws that
are
applied
to couples married for any length of time. This means that any
benefits
accrued
during
the duration of the marriage can be subject to division
during
a divorce.
Texas is a community property state. Military couples should be aware that in Texas,
property acquired during the marriage will typically be divided. Each party
may
be
able to assert their rights to preserve separate property to themselves,
that
is,
property that they can prove was acquired prior to marriage or
acquired
by
gift
or
inheritance.
When it comes to dividing the property itself, Texas law requires a judge to divide
the community property in a way that is considered “just and right.”
If the marriage has lasted for at least 20 years and during those 20 years your spouse
served in the military, you are eligible to receive health insurance and
other
benefits
through the military even after divorce. If you do not meet
those
requirements,
there
may be other legal avenues to explore, depending
on your
situation.
Military Child Custody Arrangements
Child custody issues are some of the most complicated to sort out in a military divorce.
While everyone wants what is best for the child, people may have different
ideas
on what that looks like. This issue becomes even more complex when
you
factor
in
deployment schedules for active duty servicemembers.
Texas law states that it is typically in the best interest of the child for both
parents to be given joint managing conservatorship. That means the state
prefers
that both parents have the opportunity to take an active role in
parenting.
There are no uniform federal laws in place regarding military custody cases. However,
the following rules provide legal guidance in these cases:
- Military custody cases are referred to the child’s home state
- A custodian may only apply for federal jurisdiction if he or she believes the custody
proceedings have violated his or her constitutional rights or, in some
cases,
a
specific
federal statute
- A servicemember on active duty deployment may apply for a 90-day legal stay on proceedings
- This stay may be renewed after the 90-day period has expired if the individual cannot
address the custody case due to his or her deployment
- A servicemember’s deployment or record may be used against him or her in a custody case
Although a military parent may establish a temporary custody arrangement during deployment,
legal challenges can arise back home during the course of that deployment.
It’s
important
for military parents to consider their legal options and
how
to proceed
in defending
their custody rights.
Custody & Visitation When One Parent Is Deployed
Visitation and custody may become complicated when an active duty servicemember is
sent out on deployment or is transferred to another area. Under those circumstances,
the couple or the court must determine what is in the best interest of the child.
Following deployment, a servicemember may consider asking the court to grant extra
visitation after they have returned. Where a servicemember is moved to a
new
base
of operations, options for long-distance arrangements and periods
of
possession
that
will work on leave should be considered, as well as other
contact such
as
video-conferencing,
texting, and email with the child when
the deployment
circumstances permit.
Again, these unique circumstances may make it more difficult to determine what is
in the best interest of the child. Strong emotions may also come into. An
attorney
who understands the nuances of military divorce can help you navigate
the legal
and
emotional implications of these decisions and create a plan
for you and
your
family
to keep your best interests at heart.
Military Child Support
Monetary
child support
for a military divorce is based on
Texas state guidelines. In most situations, the net income of the noncustodial parent, or the parent who
is not residing with the child, will be taken into consideration when determining
how much child support is due.
Consult an Experienced Houston Military Divorce Attorney
Divorce is a difficult process, only made more arduous because a spouse is a member
of the military. While military divorce may mean separating from someone,
you
don’t
have to go through this process alone. The team at Diggs &
Sadler
offers
both
legal counsel and emotional support as you maneuver through
this
difficult time.
The life of a military family is unique and so are the circumstances of their divorces.
Rely on an attorney who has experience handling the nuances that come with
a
military
divorce — rely on the team at Diggs & Sadler.
Send us a messageor call (713) 766-5355to speak with our military divorce lawyers in Houston.
