Military Divorce 101
Navigating Your Houston Military Divorce
If you are getting a divorce and you or your spouse are service members,
the process will differ compared to a civilian divorce. To ensure you
navigate it as smoothly as possible, it is essential to hire an experienced
attorney to guide you throughout the process. At The Law Office of Bryan
Fagan, PLLC in Houston, our legal team will provide the knowledgeable
advice and skilled representation you need to get through it.
Reach out to our law office today at (281) 810-9760 to request a free
initial consultation with one of our attorneys to get started on your case!
schedule a free consultation
Getting a Military Divorce
Generally, when spouses file for divorce, one spouse must meet the residency
of the requirements of the state they are living in. If you are pursuing
a military divorce, however, you can file for divorce in Texas if the
servicemember spouse is stationed in the state or if you were deployed
from the state.
The time it takes to get a divorce may also differ in a military divorce.
Under the Servicemember’s Civil Relief Act (SCRA), active servicemembers
have an extra 90 days to respond to a petition for divorce. Servicemembers
may also request to delay the hearing process until they return from deployment.
When it comes to child custody, child support, and spousal support, the
process is largely the same. Child-related matters are guided by the best
interests of the child. That said, child support cannot exceed 60% of
a servicemember’s pay.
When dividing military benefits, federal laws will dictate this process
in accordance with the Uniformed Services Former Spouses’ Protection
Act (USFSPA). For a dependent spouse to receive a spouse’s retirement
benefits, the marriage must have lasted for at least 10 years while the
servicemember was on active duty. Additionally, military divorce in Texas
requires the division of future military retirement benefits that accumulated
during the marriage no matter how long it lasted.
If you have children, health care benefits will continue for minor children
and, if your marriage lasted for 20 years, the spouse may also continue
to enjoy these benefits.
Get Started on Your Military Divorce by Reaching Out to Our Houston Law
If you are pursuing a military divorce, the legal team at The Law Office
of Bryan Fagan, PLLC in Houston can provide the experienced representation
you need to obtain the best results. You can rely on us to help you efficiently
and smoothly end your marriage.
Call our law office today at (281) 810-9760 to request a free consultation
with one of our attorneys to get started on your case and learn more about
what we can do for you.
Click on the Links Below to Learn More
How is Texas Divorce Different for Service Members in the Military?
Being able to serve our military members and their spouses is among the
best parts of working for the Law Office of Bryan Fagan.
Are military divorces the same as civilian divorces?
If you are in the military or are a spouse of an active duty servicemember
you don’t need me to tell you that your life is different than most
of your neighbors.
What rights does a military spouse have in a Texas divorce?
If you are married to a member of our armed services then you deserve special
recognition as someone who has paid a price, along with your spouse, in
order to benefit our nation and your fellow citizens.
How do I divorce my military spouse?
Getting divorced from your spouse who is a military member is surprisingly
the same as getting a divorce from a civilian.
What should every Texas Military Spouse needs to know about divorce?
One of the great honors that the attorneys with the Law Office of Bryan
Fagan are fortunate enough to take in almost every single day is the ability
to serve our military community through providing representation in family law cases
Is it hard to get a divorce in the military?
There is something about being in the military that causes many people
to believe that there are different rules that are applicable for folks
who serve our country.
Military Child Support
When it comes to a military child custody or divorce case, child support
is a bug the most frequently debated topic.
Child Support, Military Entitlements, and Calculations
The attorneys with the Law Office of Bryan Fagan are privileged to be able
to work with all of our clients.
What is a military spouse entitled to in a divorce?
The life of a military spouse is one filled with uncertainty. From not
knowing where you are going to live over a two or three years basis, to
not knowing when your spouse is going to be called into activity or put
on deployment and issues relating to child custody as you begin a divorce
you have a lot on your mind at all times.
Losing Child Custody During Military Deployment
When going through a child custody or divorce case while on active military
duty, it can feel like the case is sometimes slipping through your fingers
due to your inability to participate as fully as you would have, but for
your military service.
How does being a military family impact your child custody case in Texas?
Texas is a big state. Texas is a state with a lot of people living here.
Stop me before I tell you something you already knew.
Challenges for Deployed Military Soldiers
You understood that you fulfilled an obligation to yourself in your country
when you signed up to join the military.
Some of the most difficult circumstances in divorce or child custody cases
come from families in the military.
An attorney can help get you alimony from your military spouse
If you are a person facing divorce in Texas and have an uncertain economic
and personal financial future due to the coronavirus or for any other
reason, then today's blog post from the Law Office of Bryan Fagan Is right
up your alley.
How service of process can affect a military divorce
The topic of service of process connected to a military divorce is really
a discussion about jurisdiction. Jurisdiction refers to a courts ability
to grant a divorce to a married couple.
Preparation can help you get through a military divorce
Failing to prepare means that you are preparing to fail. We have all heard
this phrase used time and time again to describe how important preparation
is when you begin any process.
What can I do to prepare for a military divorce?
A divorce under any circumstances is difficult to prepare for. Financial,
relation, familial and other factors all way into the way that we think
and prepare for a divorce.
Military disability pay in a Texas divorce case
One of the great parts of being a Texan is that we can have so many veterans
in our communities. These brave men and women have sacrificed for the
good of our nation, and the rest of us are forever grateful as a result.
Specific advice for military pension division
The entire premise of yesterday’s blog post from the attorneys with
the Law Office of Bryan Fagan was that we wanted to provide you with advice
and perspective regarding military divorces that was actually specific.
Handling military retirement intelligently during your Texas divorce
Your marriage of ten, twenty or thirty years may have flown by but now
you are considering a divorce.
Division of military retirement pay in Texas divorces
The Federal laws that cover the division of military retirement pay in
Texas divorces is known as the Uniformed Services Former Spouses Protection
Divorcing your spouse while serving in the military abroad
If you are serving in the military and are living thousands of miles away
from your home in Texas you probably have questions that differ from other
people who are also considering a divorce from their spouse.
Texas Out-Of-State, International Divorce & Military Divorce
Deciding to divorce your spouse is rarely easy. A divorce when a spouse
lives outside of Texas, however, can be a bit more difficult.