When you and your spouse got married, you were convinced that you were going to be together forever. They stood with you through thick and thin, which included getting deployed and possibly even suffering from an injury. While you never imagined you’d be getting a military divorce, now you have to figure out how to go about the process in Texas. With help from Boudreaux Hunter & Associates, you could have as smooth of a divorce as possible while protecting your family and yourself.
Boudreaux Hunter & Associates, LLC in Houston, Texas take a collaborative approach to ensure our clients reach solutions that work for their families, and are devoted entirely to the practice of family law. We are fierce advocates for our clients and are happy to assist you with your military divorce. Reach out to us them today for an initial consultation.
Military divorces can be a little more complicated than regular divorces in Texas. First, there must be some determination of whether the Court can exercise jurisdiction over the case. Texas has a law that you need to have been a resident of the state for a consecutive six-month period before filing for divorce. Additionally, you need to have resided in the county where they filed for divorce for at least 90 days. This may or may not apply to a military member seeking a divorce, but there are a variety of factors that need to be considered. The good news is that only one of the spouses has to satisfy the residency requirements.
Something else that could affect the military divorce process and make it different from a typical Texas divorce is that someone needs to serve you with the divorce papers. What if you are overseas? How does that work?
You can make it work, but there will obviously be delays. The Service Member’s Civil Relief Act (SCRA) states that if you are on active duty, then you can have an extra 90 days to respond to being served with divorce papers, and you can ask the court to delay your hearing until you get back to Texas.
If you receive a military pension, then your spouse could be entitled to a portion of it depending on how long you’ve been on active duty and the length of your marriage. Your former spouse may also be entitled to continued healthcare in addition to your children.
The Uniformed Services Former Spouse Protection Act (USFSPA) was created in order to authorize military payments to former spouses. In Texas, this means that your disposable retired pay counts as marital property and can be divided during a divorce. This pay is your monthly retired pay, minus qualified deductions.
It’s critical to get in touch with a divorce lawyer to figure out if you will need to pay your former spouse out of your pension. You can learn about the 20/20/20 rule, the 20/20/15 rule, and the 20/20/10 rule, which may be a little tough to understand on your own.
Child custody is another complex issue when it comes to Texas military divorces. This is because you may be deployed for a certain period of time and not be able to meet your child custody obligations. You’re going to have to include language in your child custody agreement that outlines what will happen if you are deployed. For example, perhaps you want your parents to be able to visit with your children while you’re deployed, or you want to spend additional time with your children when you get back from being away for a long time. Your divorce lawyer can help you navigate each scenario so you are protected and helping to ensure a strong relationship with your children.
When you’re getting a divorce, it’s important to be as civil as possible, even if you and your spouse have had a contentious relationship. This means not saying bad things about each other in front of your kids or overreacting to what’s going on. Divorces are very tough on everyone, and if you lash out, it could hurt you during the court proceedings. It’s critical to think about your children and how this will affect them as well as how it could affect your child custody agreement.
Before you decide to file for divorce, calculate your assets and ensure you have the information to access your shared bank accounts. Getting a divorce can be difficult financially, so you want to be as prepared as possible.
Whether you are being served with divorce papers or you’re the one initiating the process, you will need to find a lawyer who is experienced with military divorces. They will understand your needs and concerns and what is involved with this process. It’s not your standard divorce, so getting a divorce lawyer who doesn’t deal with military divorces is not ideal. This is an investment in your future and whom you choose to represent you will affect your life for years to come. It’s important to hire the best person for the job.
If you’re having issues with your ex-spouse following the divorce proceedings – such as child support or custody problems – then contact your divorce lawyer as soon as possible. You don’t want to do anything without their guidance, or else it could end up hurting you down the line. Your lawyer will look out for your best interests and ensure you feel well represented during the initial process and beyond.
If you’re going through a military divorce in Texas, you can reach out to Boudreaux Hunter & Associates, LLC for help. We’ll work hard on your case and be your source of support during this time of need. Make sure you get in touch, either, online or by calling us at (713) 333-4430. We look forward to hearing from you.
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