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!
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 Firm Today!
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
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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.
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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.
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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.
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Getting divorced from your spouse who is a military member is surprisingly the same as getting a divorce from a civilian.
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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 -
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.
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When it comes to a military child custody or divorce case, child support is a bug the most frequently debated topic.
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The attorneys with the Law Office of Bryan Fagan are privileged to be able to work with all of our clients.
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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.
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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.
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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. -
You understood that you fulfilled an obligation to yourself in your country when you signed up to join the military.
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Some of the most difficult circumstances in divorce or child custody cases come from families in the military.
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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. -
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.
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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.
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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.
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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.
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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.
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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. -
The Federal laws that cover the division of military retirement pay in Texas divorces is known as the Uniformed Services Former Spouses Protection Act (USFSPA).
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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.
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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.