There are unique issues that arise in a military divorce, as opposed to a one between two civilians. It is important for your divorce attorney to fully understand these differences, so he or she can actively protect your rights and interests in any issue that may arise.
About Military Divorce
- About Military Divorce
- Finding Solutions in Military Divorce Cases in Texas
- Protecting Your Rights in a Texas Divorce Action
- Confronting the Issues
- Postponing The Divorce
- Serving The Military Spouse
- Military Retirement Benefits
- Grounds For Military Divorce
- Call & Get Guidance Through Your Military Divorce
- Houston Child Custody & Support Lawyer
- Divorce and Family Law
- Considering All Available Options in Divorce
- Focusing on What Is Best for Your Family
- Fast Facts on Family Law Issues in Military Divorce
- My Spouse Filed for Divorce: Do I Need a Lawyer Now?
When a husband or wife is on active duty, there are several issues that may apply. Specific laws protect a serviceman or woman from being held in “default” for a delayed response to a divorce action. These laws are crucial in that they protect active members of the military from being divorced without even knowing it. Questions may also arise as to which state a military divorce may be filed in. The grounds for a military divorce are the same as a civilian divorce, but addressing child support, spousal support, and property division may be slightly different.
When a couple decides that they no longer want to be married and are living in the state of Texas, there are state-specific rules regarding divorce that the individuals must abide by. However, if one or both spouses are in the military, there are some additional regulations that must be followed in order for the divorce to be recognized by the state.
Finding Solutions in Military Divorce Cases in Texas
When one or both spouses are service members, the process of getting a divorce can be complicated, and even destructive. Military members and their spouses face challenges that must be accounted for in the divorce. We have the experience and dedication to help military families in divorce avoid dangerous mistakes and meet their family’s current needs and future goals.
Protecting Your Rights in a Texas Divorce Action
By working with a divorce lawyer who understands the process, you can find a sustainable legal solution that makes sense for your situation. We can help you anticipate your future needs and tailor a plan that is flexible enough to accommodate you. The rights of military spouses and military members can be better served by a non-adversarial approach, such as mediation or collaborative law, instead of traditional litigation. By working together with a Norfolk military divorce attorney at Cedar Law Center, you can find the answers you need.
Confronting the Issues
While every divorce is unique, there are specific issues military families should address. When dividing property, there are issues regarding retirement benefits and the potential for direct payment of benefits to the former military spouse. Allegations of domestic violence can threaten a military career. Advice from a creative and compassionate attorney who understands family law and criminal defense can help you avoid the negative impact of these issues.
Postponing The Divorce
In the state of Texas, it may be necessary to postpone divorce proceedings if one spouse is deployed in another state or country, and for up to 60 days after the spouse returns to Texas, according to the Soldiers and Sailors Civil Relief 50 UCS section 521. If the spouse serving in the military wishes to get the divorce, and wants to have the proceedings begin right away, he can waive the right to have the divorce delayed.
Serving The Military Spouse
In order for Texas courts to legally preside over the divorce case, the spouse who is in the military must be served with a summons and a copy of the divorce action in person. In an uncontested divorce (when both parties agree to end the marriage), the military spouse may not have to be served with papers if she signs a waiver that acknowledges the pending divorce.
Call & Get Guidance Through Your Military Divorce
If you are struggling with a difficult legal problem, we will protect your interests and your future. Call or contact my office by email to schedule an appointment with an experienced legal mind.
Houston Child Custody & Support Lawyer
If you have children, any child custody and visitation arrangement must be flexible and responsive to the needs of both parents. The possibility of deployment or transfer to a location outside of Texas should be considered before reaching an agreement. Some aspects of a divorce agreement cannot be easily changed. Any mistakes you make now can affect you and your family for years to come. It is important to work with an attorney you can trust to protect your interests in a military divorce.
Divorce and Family Law
Reaching Sustainable Solutions in Your Divorce
Going through a divorce is a lot like walking through a minefield. Without a lawyer to guide you, it can be impossible to avoid making a dangerous mistake.
We help families throughout Texas navigate the divorce process. Together, we can create sustainable solutions that meet your family’s current needs and future goals.
Considering All Available Options in Divorce
Ending a marriage can be complicated. Even a simple dissolution can involve complex legal requirements. Members of the military and other individuals rely on us to assist them with every aspect of divorce including:
- Marital property division, including retirement benefits, real estate, and bank accounts
- Child custody and visitation plans
- Child support
- Spousal support
- Other issues facing military members
Some of the agreements you reach in a divorce cannot be changed later. We will help you anticipate future needs and reach solutions today that will protect your interests down the road.
Focusing on What Is Best for Your Family
Especially if you have children, you and your spouse will remain a part of each other’s lives after your divorce is final, whether you want to or not. We work hard to help families reach sustainable legal solutions in their family circumstances by encouraging and supporting the use of mediation and collaborative law, reserving than in adversarial courtroom proceedings for only the most egregious situations. When litigation is absolutely necessary, we vigorously represent your interests.
Everyone who has ever gotten a divorce can tell you that money and the children are the biggest concerns for both spouses. This is even truer in military divorces, because of the long deployments and the families frequently moving from one location to another. In most cases, military couples have small children and the spouse of the active duty member often does not work. This means that the active military member may have to pay spousal support on top of possibly paying child support as well.
If you are getting a military divorce, your best bet is to retain a family lawyer in Texas to ensure that you are represented in court. Because of the frequent moving around of active service members, it is highly possible that the military personnel will not get full custody of the children. The judge will take everything into consideration when trying to make a decision and will do what he feels is best for the child.
When it comes to spousal support and child support, the judge will make that determination as well based on the best interest of the parties involved. When it comes to the active service member’s pension, the spouse usually gets half of it when the time comes. That is all that the USFSPA will allow coming out of the service member’s retirement pension.
There are many different laws when it comes to military divorce. Because of the instability of where the service member will be living from one year to the next, a judge has some tough decisions to make. You should hire a family lawyer in Norfolk to explain the complicated process to you and represent you in a court of law so that you do not get burned.
My Spouse Filed for Divorce: Do I Need a Lawyer Now?
Divorce is hard on everyone involved, but especially so if the divorce isn’t friendly, which is true in most cases. If your spouse filed for divorce, then you are probably wondering if you need a Virginia Beach divorce lawyer in your corner when you go to court. The answer isn’t all that simple, because in some cases a Virginia Beach divorce lawyer really isn’t needed. Read on below for some instances when you should hire a divorce lawyer right away.
Child Custody/Child Support Issues
If there are problems with who is going to have custody of your children or how much child support will be paid, then you will need a lawyer in your corner. Child custody and child support issues can get ugly and it’s better to have lawyers who can maintain the peace.
If You Fear You are in Danger
If you are coming out of an abusive marriage, then it is a good idea to have a lawyer take care of your divorce for you. If you are afraid that your spouse will do something to intimidate you into not going through with the divorce, then your lawyer will handle everything and you should not have to see your estranged spouse at all.
You Live Out of State
In many cases, the divorce will be filed for when both parties live in different states. It is best to have a divorce lawyer in this case so that all of the laws are followed and no problems occur.
If you are one of the over a million Americans who are serving your country, or if you are married to someone who is military, and filing for a military divorce in Texas, then you will soon realize that getting a divorce in the military is different from filing for divorce as a civilian. Read on below for some reasons that filing for a military divorce in Texas is unique.
Filing for a divorce when you are in the military, involves questions that civilian couples don’t face. Questions such as where are you going to file for divorce at and what jurisdiction are you under to file, are common since most military couples are in different areas.
Child custody and child support issues are different in a military divorce as well. Just like civilians, soldiers are required to support their children. The military even has sanctions and punishments for active-duty members who do not abide by the child support, custody, and visitation that is set up by the courts.
It is important for a military couple filing for divorce to seek legal help. While it may be simple for a civilian couple to go to court and get the matter over with, the military is a little different. Unless you or your spouse has only been in the military a very short time, you will not want to sign anything until you talk to a reputable lawyer that is knowledgeable about military law and what it takes to get a divorce.