Military Divorce
Military divorces present unique challenges, acknowledged with empathy as we navigate through the complexities. We recognize the sacrifices made by families like yours, often highlighted in media, shedding light on the dedication needed to serve our nation. If you’re a military veteran wondering wondering, “Can my ex-wife get half of my VA disability?” rest assured, resources are available to guide you, regardless of your location.
Many times due to military service, a veteran will become eligible for disability pay. The calculation of disability income depends on the nature of the impairment and its impact on your daily activities. This is not a benefit that you want to play, but if necessary, it is available for people in your position. You might have even hired a lawyer to help you secure those benefits if you were in the work of having issues applying for them through the veteran’s administration. Once those benefits are secured for you, the last thing we want is to see them potentially lost or compromised in a divorce case.
Insights on military divorce: State & federal laws
In today’s blog post from the Law Office of Bryan Fagan, we will discuss topics related to military divorce. Military divorces are interesting because they combine elements of state law in Texas and federal law as they pertain to divorce cases from across the country. There is the challenge of a divorce case. They are, namely, navigating state and national levels while attending to why don’t you want the issues most important to you and your family.
You need to be able to secure the services of an attorney who is not only familiar with military divorces but has handled many of them in their career. Undoubtedly, the attorneys at the Law Office of Bryan Fagan are uniquely positioned to serve you and your family during your military divorce. For one, we have had the honor to help military members like yourself and your family for nearly a decade. Secondly, given our location in Southeast Texas, we have many veterans in active duty service members living in our area. This allows us to work even more frequently with veterans, and we have become highly familiar with the issues that families like yours are likely to face. Contact us today for a free-of-charge consultation to discuss your problems and learn more about our law practice from an experienced military divorce attorney.
How does joint custody work for a military family?
The most basic type of conservatorships arrangement and possession schedule for children in child custody and divorce cases is that of a standard possession order in joint managing conservatorship. These are statutory guidelines and programs for possession and conservatorship arrangements designed to divide a child’s time as evenly as possible between parents following child custody or divorce proceedings. We can see that each of these arrangements are not perfect, but family court services from across the state order these type of arrangement every day in courts across our state. Therefore, without knowing your military family’s specific circumstances, I wanted to discuss what a joint managing conservatorship looks like and the standard possession order.
A joint managing conservatorship refers to how you and your spouse may likely end up sharing rights and duties with your children. This does not mean that you will hold them equally with one another. It does mean that each of you will have a significant opportunity to impact the lives of your children through the decisions you make and the rights that you have to determine specific outcomes for your children.
Understanding joint managing conservatorship in child custody
A joint managing conservatorship consists of The matter in which you and your spouse will share decision-making capabilities regarding educational, health, and other areas of your child’s life until they graduate from high school or reaches the age of 18. These rights and duties are, in my opinion, the most critical aspect of a divorce or child custody case. The reason is that while many people think of time as being the most crucial aspect of parenting, if you cannot make decisions on behalf of your children, then you are losing out on a large part of your parenting responsibilities. Additionally, it’s important to understand that parental rights and duties are not always held entirely, uniformly, or consistently. Perhaps the fundamental right is the right to be able to determine the primary residence of your children.
Consider that the parent who holds the primary residence decision-making ability for your child is probably going to be the one who can spend the most amount of time with the kids and enjoy certain advantages when it comes to decision-making capabilities. For example, consider that the primary Conservatory of your children typically gets to make the most decisions regarding issues like education and health. Since you are with the children more often than not, final decision-making responsibilities may rest with you, although you may have to consult with your Co-parent initially.
Understanding standard possession orders in child custody
A standard possession order means that you and your spouse will share the children in a way that allows for both of you to have possession of the kids throughout the year. This should come as a relief to many of you reading this blog post who have had inconsistent time with your children in the recent past, either due to your military service or because your spouse would not allow you to see the kids. Having the ability to spend time with your children consistently makes a huge difference in your relationship. as we have already talked about, being able to make decisions in hold duties to care for your children is also integral to your development as a parent and the result of your relationship with your children.
When it comes to your day-to-day life with your family as a primary conservator, you will be caring for them daily during the school week. This means that you would be responsible for getting the children to bed each night, making sure their homework is complete, feeding them, and generally being available for them after school. Given your military service, it sounds like it may be difficult for many of you to accomplish this role. As a military spouse, you may uniquely position yourself to fulfill this responsibility for your children. If you’re an army member reading this blog post, you may question why you’re at a disadvantage when it comes to being named the primary conservator of your children.
Gender bias in family law: fact or fiction?
The reality is that families like yours frequently have unique issues that impact the ability of parents to perform their duties. For instance, if you are a father, then you may have heard stories about how the law favors women in terms of being named by a primary conservator. It could be that you have friends or coworkers who have warned you about judges and how they view custody cases from the perspective of men. You may even be aware of certain documentaries or movies that portray the legal system as being favorable to men over women. Women over men. Does the reality of working
in the area of family law match up with this perceived reality? From my experience, the answer is no. OK, suppose there is any favoritism shown when it comes to assigning parenting rights and duties. In that case, it is about those parents who have historically cared for the children on a primary basis. this means that if you have not acted as the primary conservator of your children before the divorce, it is unlikely that a judge would rock the boat and place you in this position after a divorce. Judges are highly conservative when assigning rights and duties that differ from what a child has experienced previously. Unless there has been an issue regarding your child and how they have been raised this far, a judge is unlikely to deviate much from the standard.
Are military members in a position to ask for joint custody?
Now that we have discussed what joint custody and joint conservatorships mean, we are in a better position to discuss whether or not you are in a place to be able to act as a collective managing conservator of your child. When we talk about joint custody, we are discussing two separate things. Legal custody of your child allows you to make decisions that impact your child’s health, education, and well-being. Physical custody has more to do with actually being in physical possession of your children and being in a position to make decisions on their behalf.
Now that we’ve discussed both these terms in detail, we need to be able to figure out what you are best suited for in terms of parenting your children both now and in the future. Bing, a joint conservator of your child, requires that you and your ex-spouse communicate and reach decisions together regularly for your children. This may seem like something challenging right now that you are working on going through a divorce. However, through hard work and putting the interests of your children first, it is possible for you to be able to parent effectively. All it takes is your willingness to do what is best for your children rather than what your pride or hurt feelings may push you to do.
Challenges of joint physical custody: Geographic restrictions
One crucial area in this discussion that we have not talked about is how joint physical possession of your children requires you and your ex-spouse to live near one another. As you are well aware, this is not always possible, given your military commitments. For example, you may be reading this blog post in Texas while your spouse resides in another state or even in another country. Well, this is OK; while you and your Co-parents are spouses do not have children, the calculus behind this changes somewhat after you have children. In a divorce situation, you need to change your approach and work together with someone you do not live close to. This throws a wrench into most joint managing conservatorship arrangements, given the difficulty of co-parenting with the person you do not live near.
Many times parents in a divorce scenario will agree to a geographic restriction that mandates you and your ex-spouse to live within a certain geographic proximity from one another. This would allow for the two of you to avoid issues like we just covered where either of you may live apart from one another by a significant distance. This will help your children in many ways. First of all, it will allow them to benefit from having both of their appearances make decisions on their behalf and work together to satisfy them.
Co-parenting considerations: Minimizing disruption
Second, it will minimize disruption to their schedule, especially as they get older. Do not underestimate the importance of travel and the logistics of dropping off and picking up the children. If you have to involve long car trips or even plane rides on regular visits with the kids, then this can significantly complicate and increase the costs of possession of your kids. Rather, you all thought you all might find it preferable to have a geographic restriction to force you and your Co-parent to live closer together in this facility the Co-parenting process that much easier.
Only you and your spouse know your situation in terms of parenting. Different people are better equipped to be able to work on co-parenting together. Additionally, your military commitments may make it virtually impossible to live close to your spouse at this time. These are just a couple of factors that weigh into whether or not co-parenting under a joint managing conservatorship is appropriate for your family. I would recommend speaking with one of our experienced family law attorneys to help you decide what is best for your children and what arrangement could benefit them the most in terms of conservatorships and possession.
Does being in the military automatically bar you from receiving significant custody of your children?
Military service doesn’t automatically prevent you from obtaining custody rights, but it doesn’t guarantee favoritism either. Texas family law judges prioritize the best interests of the children above all else when determining custody. This might mean your child spending more time with your co-parent due to your military commitments.
What you may also need to do as a military service member is to provide the court with a plan to show how you will care for your children while you are not able to be with them. This could be appointing a responsible adult who can take possession of your children and not miss opportunities to spend time with them. The better you can care for your children while away, The better chance you have at taking on greater responsibility with your children when you are home, enabling you to act as a more consistent parent.
A subject that we have not discussed so far Is that of child support for military parents. This is an important subject for any family, but I think it is essential for families like yours who are in the military. When we consider just how important abut living on a budget is to your family, it is crucial to understand what expectations may be in place for you and your family moving forward. This will allow you to better prepare for your divorce and Consider how near family can make it through a difficult transition period in your life.
Conclusion
The journey through a military divorce is laden with challenges, yet underscored by the resilience and sacrifices of military families. As we’ve explored, the complexities of divorce within this context evoke empathy and demand specialized understanding. From the emotional strains to the intricate legal considerations, military divorces necessitate compassionate guidance and support. Addressing questions like “Can my ex-wife get half of my VA disability?” highlights the need for access to reliable resources and expert counsel, regardless of geographical location. By recognizing the unique circumstances and complexities involved, we can better support military veterans and their families as they navigate the path toward resolution and healing amidst the complexities of divorce.
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Other Articles you may be interested in:
- The United States Supreme Court Answers a Question about Military Retirement Benefits
- A Daring Lie: Shameless Disability Claims To The V.A.
- The Division of Military Benefits in a Texas Divorce, Part Two
- Can I sue my spouse’s mistress in Texas?
- Common Questions about Texas Prenuptial and Marital Agreements
- Do I have to pay child support if I go on disability in Texas?
- Military disability pay in a Texas divorce case
- How disability issues are handled during a military divorce in Texas
- Will your child be able to receive Social Security Disability Insurance and Child Support after a divorce?
- The impact of divorce on spouses who receive disability payments
- How do you choose the right state for a military divorce?
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
