In a world where COVID-19 has reshaped our lives, the complexities of military divorce have taken on new dimensions. This blog post delves into the distinctive challenges and considerations that military couples face when navigating divorce amidst a global pandemic. Stay tuned as we unravel the intricacies of military divorce during these unprecedented times, offering insights and guidance for those affected.
The Uniqueness of Military Life: Service, Commitment, and Challenges
The life of a person who serves in our military is already very unique. If you can’t find yourself among our military members, you understand what service and commitment are about. You have chosen to take our life that will not be entirely your own for some time. You are asked to take on responsibility and perform duties that many of us would be unwilling to. Challenge ourselves with. I think it is fair to say that military members are cut from a different cloth than are civilians. However, that does not mean that members of the military in our country do not have problems in their lives just like the rest of us do.
Military Life Amid a Pandemic: Navigating Unique Family Challenges
Being in the military during a pandemic can be a nerve-wracking time for a family. While your employment status may not be in jeopardy like many civilians, if a child custody case or divorce confronts you, you still have to answer many questions that are unique to you and your circumstances. As with any person going through a complex family law case, I would always recommend that you inquire and look into hiring legal representation. Your events are not simple to the point where self-representation Is a real possibility.
Military Divorce: Inevitable Realities and Legal Preparations
No matter where you read this blog post, the simple truth is that being in the military will not allow you to put a divorce off forever. Even if you are away from home and your spouse is back in the Houston area, they may file for divorce without your being in the area. This may be a difficult concept for you to stomach right now, but it is the truth, and there is nothing legally preventing them from doing so. The best you can do is prepare yourself for what is to come.
Understanding Military Divorce: Unique Factors and COVID-19 Impacts
I want to discuss what a military divorce looks like and what specific factors you need to be aware of in your type of case. Then, after today’s blog post, I will spend a little bit of time discussing how the COVID-19 pandemic can play into an impact on your case. However, I think the unique factors of a military divorce would be in play at any time. Are the most relevant circumstances for us to discuss, to begin with. If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan for a free of charge consultation with one of our licensed family law attorneys.
The Basics of Military Divorce in Texas
In the life of a military service member, the challenges and demands often surpass those encountered by most civilians. The strains of deployment and prolonged separation from loved ones can significantly strain family dynamics and marriages. Consequently, a bit of online research reveals that military families experience higher divorce rates. This isn’t a reflection of the families’ character or circumstances but underscores the immense pressures and sacrifices borne by those serving our nation.
In Texas, when someone initiates a divorce and is a state resident, the Texas Family Code predominantly governs the proceedings. This code outlines the legal framework for dissolving a marriage. While federal laws do play a role, particularly in aspects like dividing specific retirement accounts, Texas laws primarily dictate the nuances of a divorce, especially in standard civilian cases.
Military divorces, however, are unique as they intertwine state and federal laws. Determining the appropriate jurisdiction for filing a divorce is crucial. Texas remains a valid jurisdiction even if you and your spouse have not resided here recently. If Texas is considered your home state, you can file for divorce in the county where you last resided or plan to return. This can often come as a surprise to those who receive divorce papers from Texas despite having moved away. The intersection of state and federal regulations in military divorces adds complexity, necessitating a nuanced understanding of both legal landscapes.
Military Retirement Benefits- What Do You Need to Know?
Beyond serving one’s country and standing up for what you believe in, one of the key reasons many people choose to do in our military is the structure and stability that the military provides for service members and their families. Whether you think of it as a job or not, serving in the military is a place of employment for you.
You derive your income from military service and accrue benefits for health and retirement through serving in the military. As a result, in a divorce situation, your military benefits are an issue that you need to keep in mind in that you and your attorney need to keep your focus on.
Whether or not your spouse will have the ability to gain a portion of your military pension during the divorce depends on many factors. Maybe the most significant of us factors is the length of your marriage. Your military pension likely won’t be divisible in the divorce if your marriage was short. This contrasts with civilian divorces, where even brief marriages can lead to retirement plan division. This is different from civilian Divorces, where even a brief marriage can divide a retirement plan.
Can Your Spouse Take Advantage of the Fact That You Are in the Military in the Divorce?
While your spouse can file for divorce during your military service, the Servicemembers Civil Relief Act protects you. It postpones the initiation of the divorce proceedings until after your discharge. This law also safeguards against default judgments if you cannot respond to a divorce petition in time. Although many in the military undergo divorce, this law ensures the proceedings don’t advance without your consent.
Where Could Your Divorce Be Based When You Are in the Military?
You might wonder where to file for divorce, given your family’s mobility. Should you file where you’re currently stationed or in Houston, your home? Civilians must reside in Texas for six months and in the filing county for three months to establish jurisdiction. But as a military member, you might not meet this residency requirement due to frequent relocations. Texas law allows military members to file for divorce in the state even if they currently reside elsewhere.
The general rule for civilians is that to file for divorce in Texas; you need to be a resident of the city of Texas for six months. You were preceding your filing in a resident of the County where you would file for three months before your filing. This is the way that your home County acquires jurisdiction over your case and would allow for your chance to proceed in their courts.
Given that you are in the military, this is a requirement that you likely do not meet. Military members often move frequently, which can lead to a lack of a settled home. Despite this, as a military member, Texas law allows you to file for divorce in the state even if you currently do not reside in Texas. The law in Texas is that if you are a military member, you can still file for divorce in this state even if you are not living in Texas currently.
How Do You Divide up Community Assets in a Divorce?
The key to understanding the issue of dividing up a pension for military spouses is that your marriage must have lasted for at least ten years for your military pension to be an issue in your divorce. If your wedding has less than ten years, your pension cannot be divided in the divorce. This means that your spouse would not be able to receive direct payments from your military pension.
Keep in mind that your ten years of marriage must also be concurrent with ten years of military service. To divide a military pension in a divorce, your marriage must have coincided with at least ten years of military service. If you’ve been married less than ten years or served less than ten years during your marriage, your pension remains undivided.
Property Division
Texas’s community property laws apply to other divorce aspects. All property, real estate, personal property, and debts acquired during the marriage are presumed community property. It’s essential to have legal representation, especially when divorcing from outside Texas, to navigate the division of these assets and debts effectively.
In military divorces, maintaining property during the proceedings is vital. Working with a family law attorney helps ensure temporary orders are in place, preventing tampering with or removal of property from your home. Given that you cannot readily protect your property or even Account for much of it, this is critical for you.
Considerations for Military Families Going through a Divorce in the Era of COVID-19
in my opinion, if you are a military member going through a divorce right now, then your primary concern should be with the health and safety of your children and your family. I cannot speak to any specific changes that military members on deployment are undergoing currently. Still, I would imagine that with so much up in the air regarding plans that you may not know exactly where you will be in the next couple of years.
If this is the case, you should consider hiring a family law attorney who can help you negotiate through uncertainty regarding where you will be physically located over the next few years. This is especially important if you have children. We’ll need to arrange for and create flexible visitation structures that allow you to take advantage of all the time you can with your children While ensuring that you can fulfill your duties to our military.
Final Thoughts
Overall, this time is not one where you should necessarily shy away from filing for divorce. Yes, there are challenges associated with the COVID-19 pandemic, such as closing many courts and the inability to have in-person hearings quickly in uncontested matters. However, given that you are likely not reading this blog post from Texas, your divorce would have been one conducted virtually for the most part anyway. With that said, if you have an experienced attorney, fireside Inn is knowledgeable about the issues facing you and your family. I wouldn’t tell you that this time is any worse than any other to file for divorce in Texas.
Questions about military divorces in Texas? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week in person, over the phone, and via video, where we can answer your questions and address your specific concerns.
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.
