If a military divorce is on the cards, you might be wondering what the future holds for you and your family. There are a lot of things to consider when a couple is going through a divorce and you will need to plan for the future.
When it comes to divorce and other family law issues, military members and their families are subject to the same laws as civilians. However, due to the presence of issues such as deployments and retirement benefits, it is critical for military members and their families to have an experienced family law attorney on their side.
When it comes to military divorce, our Webster, Houston, Pearland, and Angleton military divorce attorneys handle the situation with great compassion and give our military clients with representation that is tailored to their specific needs. In addition to attempting cooperative resolutions to the challenges our clients confront, we acknowledge the necessity of being assertive when necessary to protect their interests and maintain a successful trial record in certain cases.
Do you have any questions or concerns about military family law? If so, please set an appointment with one of our military divorce attorneys to schedule a no-obligation consultation.
Our military divorce lawyer can assist you during your military divorce process.
Divorce in Houston is a difficult and painful decision that many people have to make. You entered into a marriage full of love, hope, and optimism, only for those feelings to be replaced with something altogether different after a few years. Now that the potential of divorce is looming, you may be flooded with feelings of sadness, uncertainty, and even anger toward your spouse. You are being asked to maintain control over your emotions while attempting to negotiate the difficult and time-consuming legal structure that surrounds the divorce procedure.
Getting a divorce can be extremely stressful, but it is made even more difficult when one or both spouses is serving in the military. Our law firm can help you during your military divorce process.
In what way is a military divorce unique?
Divorce or separation becomes more complicated when a military member is involved, especially if the individual is stationed overseas or away from home. A qualified lawyer with experience dealing with the particular circumstances that can develop as a result of a military divorce should be sought if you are considering getting a divorce while serving your country.
When it comes to military divorce, our Houston military divorce attorneys at Scott M. Brown and Associates are familiar with the particular conditions and problems that can arise during the course of the service. Whether you are presently serving in the military or are the spouse of a service member, we understand what it takes to help you protect your family and your financial stability in difficult times.
Divorce is a huge life event that can have long-term consequences, especially if you have children in the marriage. Do not put your future in the hands of people who are unskilled or inept. Confide in the team that has the knowledge, skills, and experience to guide you through the sometimes-complicated process of divorce in the military.
What Is Involved in a Military Divorce?
There are some characteristics of a military divorce that are unique and may not apply to a civilian divorce. It is critical that your attorney understands these difficulties and the complications that may arise as a result of them.
Several specific issues that may arise in a military divorce include, but are not limited to the following:
- Deployment and custody of children
- Privileges associated with base housing
- Pension division
- Support for the spouse
- Benefits to survivors
- Health care benefits
- Additional military benefits
Having a military divorce attorney on your side ensures that you are fighting for the best possible outcome for you and your family.
Children’s issues in Military Family Law – What you need to know
If you or your spouse is serving in the military in the United States or abroad, the most difficult issues you will have to deal with will be those impacting your child or children. Taking into consideration considerations like travel, deployment, and relocation when determining child custody arrangements in a military divorce is critical. In the same way that we do for civilians, we are concerned with ensuring that any conclusion is in the best interests of the children and that the rights of each parent are respected.
Military Divorce & Residency Requirements
One of the difficulties that can develop as a result of a military divorce is the issue of residency.
Just because you currently reside in Texas does not necessarily imply that you are eligible to file for divorce in the state of Texas; however, if you are a member of the military or the spouse of someone who is a member of the military, you may be eligible to file for divorce in Texas if you have lived in the state for a period of time sufficient to meet residency requirements.
You must have been a “domiciliary” of the state for at least six months previous to filing for divorce in Texas, as well as a resident of the county in which you are filing for divorce for at least 90 days before filing for divorce in the county in which you are filing. Texas law also recognizes a military service member who selects Texas as his or her home to be a resident domiciliary of Texas, no matter where that person’s military duty takes him or her.
Military benefits and property division in a military divorce
Federal law requires couples who have been married for at least ten years to share a service member’s retirement benefits. However, Texas has extra regulations that apply to couples who have been married for an extended period of time. This indicates that any benefits accumulated throughout the marriage may be divided in the event of a divorce.
Texas is a state that recognizes community property. Military couples should be aware that in Texas, marital property is frequently divided. Each party may be entitled to establish their rights to separate property, defined as property obtained previous to marriage or through gift or inheritance.
When it comes to property division, Texas law mandates that a court divide community property in a manner that is deemed “fair and proper.”
If the marriage lasted at least 20 years and your spouse served in the military during that time, you are eligible for health insurance and other military benefits even after divorce. If you do not fit those criteria, there may be alternative legal options available to you, depending on your circumstances.
Our military divorce lawyer will fight for you.
You require sympathy and advice at this period of uncertainty. Additionally, you may require someone who can aggressively represent you in court. After all, your future is contingent upon the divorce settlement you ultimately obtain.
Our family law experts will handle every detail of your case, allowing you to concentrate on the future. We will be your zealous advocate in court, defending your rights and interests at every step. Call us now and get straightforward advice and competent representation in and out of the courtroom.