{"id":2291,"date":"2024-03-29T08:39:11","date_gmt":"2024-03-29T08:39:11","guid":{"rendered":"https:\/\/alsandorlaw.com\/?page_id=2291"},"modified":"2024-03-29T08:39:11","modified_gmt":"2024-03-29T08:39:11","slug":"houston-military-divorce-attorney","status":"publish","type":"page","link":"https:\/\/alsandorlaw.com\/military-divorce","title":{"rendered":"Houston Military Divorce Attorney"},"content":{"rendered":"
If you’re searching for a Houston Military Divorce Attorney, you’re already facing a tough challenge. Divorce is hard, and having a military marriage can make it even more complex, with rules that don’t apply to civilian splits. But don’t worry, a Houston Military Divorce Attorney is here to simplify things. They know the ins and outs of both military and divorce law to help ease your stress during this difficult time.<\/span><\/p>\n Military divorce is the process by which a marriage is dissolved where one or both parties are service members in the National Guard, active duty military personnel, or reservists. Uniquely challenging due to the nature of military service, this type of <\/span>divorce<\/span><\/a> carries additional legal stipulations and emotional stresses beyond those found in civilian divorces.<\/span><\/p>\n Going through a military divorce? It’s a bit more complicated, especially when service members are away. Here’s what makes it unique:<\/span><\/p>\n Navigating these complexities can be tough, but don’t worry, it’s workable!<\/span><\/p>\n In Texas, divorce can be filed on various grounds, encompassing both fault and no-fault categories. The <\/span>no-fault ground<\/b>, termed \u201cinsupportability,\u201d signifies irreparable marital conflicts. Alternatively, <\/span>fault grounds<\/b> attribute marriage breakdown to one spouse, including adultery, abandonment, cruelty, prolonged separation, mental hospital confinement, and felony conviction.<\/span><\/p>\n Establishing residency is an important step in obtaining a divorce. In Texas, according to <\/span>Texas Family Code 6.301<\/span><\/a>, at least one of the divorcing spouses <\/span>must have lived in Texas for a minimum of six months<\/b> and within the intended county for at least 90 days before filing.<\/span><\/p>\n However, there are exceptions for military personnel who may not physically reside in Texas due to deployments but have chosen Texas as their official residence state.<\/span><\/p>\n In military divorce, it is not just marital property that needs to be divided; <\/span>military benefits<\/b>, including retirement benefits, may also be divided per federal law. Texas laws treat any benefits accrued during the span of the marriage as community property; hence, they also might be divided in a divorce.<\/span><\/p>\n Child custody<\/b><\/a> is one of the most challenging issues to handle in any divorce, more so in military divorces where deployments may disrupt standard arrangements. Texas law often favors joint managing conservatorship, prioritizing the best interests of the child and encouraging active involvement from both parents in parenting responsibilities.<\/span><\/p>\n There are no uniform federal laws per se, but certain provisions exist. These include:<\/span><\/p>\n The period of deployment of the military parent can disrupt the standard custody arrangements. In such cases, it is crucial to account for secondary arrangements which cater to the best interests of the child while respecting the rights and duties of the military parent.<\/span><\/p>\n In military divorces, <\/span>child support<\/b> calculations may involve unique aspects of military earnings and benefits like base pay and housing allowance, which can significantly affect the family’s financial stability post-divorce. Recognizing and accounting for these factors is crucial.\u00a0<\/span><\/p>\n Additionally, military divorces in Texas entail various challenges, including:<\/span><\/p>\n Understanding both military and Texas family law is essential for both the service member and their spouse as they navigate the divorce process while prioritizing their family’s well-being.<\/span><\/p>\n The unique demands of military duty, such as frequent deployments and relocations, necessitate careful consideration during divorce proceedings. Military spouses often face challenges navigating:<\/span><\/p>\n Divorce laws are state-specific. In Texas, general residency requirements enforce that you file for divorce in the county where you or your spouse live or maintain a permanent residence. For military families, however, the definition of ‘home county’ can be complex. Texas law stipulates that you can file for divorce in the state if:<\/span><\/p>\n These criteria allow for filing even when a spouse is absent from the state on military duty.<\/span><\/p>\n After divorce, eligibility for these benefits, like installation housing, typically <\/span>ends 30 days post-separation<\/b>.\u00a0<\/span><\/p>\n The <\/span>Uniformed Services Former Spouse Protection Act (USFSPA) <\/b>provides certain protections, allowing state courts to divide military retirement pay between the service member and their ex-spouse “in a just and right manner,” considering factors like marriage length and duration of service.\u00a0<\/span><\/p>\n Former spouses may also retain medical care, exchange, and commissary privileges post-divorce under specific criteria, with TRICARE benefits potentially accessible temporarily. <\/span>Survivor benefits may be retained<\/b> if the service member designates the ex-spouse as a beneficiary, though remarriage before age 55 could lead to their loss.<\/span><\/p>\n Civilian spouses and children of military personnel may qualify for specific military health benefits post-divorce, with eligibility influenced by factors such as the duration of marriage and military service.\u00a0<\/span><\/p>\n The <\/span>20\/20\/20 Rule<\/b> allows a civilian spouse to retain health benefits if there’s a 20-year overlap between the military service of the member, the marriage, and the overlap of military service and marriage. However, remarriage terminates these benefits.<\/span><\/p>\n Navigating a military divorce involves complexities governed by state and federal laws, underscoring the pivotal role of a Houston Military Divorce Attorney. Here’s why:\u00a0<\/span><\/p>\n A proficient attorney should grasp both state and federal laws impacting divorce, crucial for addressing challenges like pension division and deployment-related child custody issues.\u00a0<\/span><\/p>\n Experience in military divorce entails familiarity with unique military procedures and benefits, spanning housing allowances, medical, commissary, and retirement benefits.\u00a0<\/span><\/p>\n \u00a0Military divorces often involve intricate matters like pension division and custody during deployments, necessitating a lawyer’s competence to navigate such complexities efficiently.<\/span><\/p>\n Remember, a good Houston Military Divorce Attorney is not just familiar with the laws, but is also capable of effectively managing complex military-specific issues while offering reliable assistance for their clients amidst a challenging phase in their lives.<\/span><\/p>\n Military divorce can be complicated, with state and federal laws, child custody and support, and division of benefits to consider. <\/span>The Alsandor Law Firm<\/b> is here to help. Led by Cheryl Alsandor, a board-certified family law attorney, we provide personalized legal services for your Houston Military Divorce.<\/span><\/p>\n Our team excels in military divorce and extends expertise to various related services, including parental rights and conservatorship, child custody and support arrangements, equitable <\/span>property division<\/b><\/a>, managing <\/span>paternity cases<\/b><\/a>, and legal assistance for adoption processes, catering to families seeking to expand through adoption.<\/span><\/p>\n Overcome the complexities and challenges of military divorce. Contact us for a paid strategy session or a free consultation to navigate turbulent times. Start confidently shaping your new future with our professional guidance. Call our Houston Military Divorce Attorney today!<\/span><\/p>\n<\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":15,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/alsandorlaw.com\/wp-json\/wp\/v2\/pages\/2291"}],"collection":[{"href":"https:\/\/alsandorlaw.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/alsandorlaw.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/alsandorlaw.com\/wp-json\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/alsandorlaw.com\/wp-json\/wp\/v2\/comments?post=2291"}],"version-history":[{"count":1,"href":"https:\/\/alsandorlaw.com\/wp-json\/wp\/v2\/pages\/2291\/revisions"}],"predecessor-version":[{"id":2292,"href":"https:\/\/alsandorlaw.com\/wp-json\/wp\/v2\/pages\/2291\/revisions\/2292"}],"wp:attachment":[{"href":"https:\/\/alsandorlaw.com\/wp-json\/wp\/v2\/media?parent=2291"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Quick Summary:<\/b><\/h3>\n
\n
What is a Military Divorce?<\/span><\/h2>\n
How Is a Military Divorce Different?<\/b><\/h3>\n
\n
Grounds for Divorce in Texas<\/span><\/h2>\n
Military Divorce and Residency Requirements in Texas<\/span><\/h2>\n
Division of Military Benefits and Property in Military Divorce<\/span><\/h2>\n
Military Child Custody Arrangements<\/span><\/h2>\n
\n
\n<\/span>if the person cannot attend to the custody case due to their deployment.<\/span><\/li>\n<\/ul>\nCustody and Visitation During Deployment<\/b><\/h3>\n
Military Child Support<\/span><\/h2>\n
\n
Challenges of a Military Lifestyle<\/span><\/h2>\n
\n
Filing for Military Divorce in Texas<\/span><\/h2>\n
\n
Rights and Military Benefits<\/span><\/h2>\n
Continuing Benefits for Civilian Spouse and Children Post Divorce<\/span><\/h2>\n
Why Do I Need a Houston Military Divorce Attorney?<\/b><\/h2>\n
1. Familiarity with State and Federal Laws<\/b><\/h3>\n
2. Military Procedures Mastery<\/b><\/h3>\n
3. Competence in Managing Complex Issues<\/b><\/h3>\n
Call our Houston Military Divorce Attorney Now!<\/b><\/h2>\n