Military Divorces In Houston Texas: What You Need To Know
Serving in the military is difficult in many ways. It takes a brave, selfless individual to choose to spend their lives fighting for their county. People in the military rarely think about themselves and are instead focused on the common good. They have a sense of civic duty that not many other people share but certainly, think is an admirable quality.
One inescapable part of military life is that families have to move on a regular basis, often to locations that are quite far away. Sometimes they are able to stay within the country and other times they have to move overseas. Because of that, they face additional marital stress, on top of the normal difficulties that families deal with on a regular basis. In particular, the relationship between spouses can suffer, as it is fraught with tension and uncertainty.
Because of all this, there is a high rate of divorce in military families. Their lives are in such upheaval, it can be difficult to build a strong, supportive relationship with a partner. When one member of the family is gone for such a long period of time, or when the family is constantly uprooted to head to a new assignment, both partners feel the stress and it can get the best of them.
Military divorces are a little different than civilian divorces. As a result, it is not a good idea to simply hire any lawyer to deal with your divorce. Because the situation is a little more complicated than normal, you need someone with the experience and know how to assist you.
When looking for a divorce lawyer in Houston, seek out one that also has a connection to the military and understands how complicated these divorces can be. There are several points to take into consideration when dealing with a military divorce, and this article will highlight some of the essential information that you need to know. It is important to be as informed as possible.
State And Federal Law
People that live in Texas are subject to the state’s divorce laws. That is pretty clear. Federal laws may touch on a few small issues, but in general, it is a state law that comes into play during divorce proceedings.
Military divorces are different. In particular, military pensions, which are normally a hotly contested issue in divorces, are complicated; our firm has experience in this area and can help. You deserve your benefits and have sacrificed a lot to get them. In the event of a divorce, you don’t want this issue to be fraught with uncertainty and complication. You want the ultimate decision on your pension to make sense and be fair. We are happy to help members of the armed forces, and we consider it an honor to work with them.
Whether or not your former partner has a right to a portion of your pension is directly related to how long you were married. That is is why it is important to speak with a Houston divorce lawyer that has experience in military divorces; you need to get the best advice possible.
Furthermore, as a member of the military, you are afforded some protection under the Service Members Civil Relief Act. It is a federal law that states that your spouse cannot start divorce proceedings while you are an active member of the military. Why is this important? If you are overseas serving in the military, you won’t be able to answer a divorce petition. You won’t be able to look after your own rights. Therefore, it would be unfair if your partner was able to file for divorce while you were away.
Military families, as was noted earlier, move often. You know without a shadow of a doubt that you will eventually leave the home you are in and go somewhere else. The only question is if it will be sooner or later. Typically, if you have lived in Texas for at least half a year, and you have been in a particular county for three months, you can file your divorce in that county. It is pretty easy.
As a member of the military, things aren’t quite that simple. Your residency status may be in question because of all the moving that you’ve done. However, members of the military can file for divorce in Texas even if they are currently stationed somewhere else. However, the residency requirements above come into play if you want to be considered a Texas resident during the dissolution of your marriage.
When you get a divorce in Texas, everything that you earned or acquired during your marriage can be divided between among you and your partner. This applies to property, assets and even debts, too. When it comes to your marital assets, both state and federal law comes into play. Federal law says that you have to be married for a decade to get payments out of your military pension. That decade of marriage has to have happened at the same time that you were in the military.
Texas, though, says that your military pension can be split with your partner even if you have not been married for a decade. Federal law also plays a role in health insurance and other benefits, too.
Texas community property laws come into play when it comes to your assets and debts. It also helps decide if there is a property that should go into an individual estate; if that happens, the property in question is not split in the divorce.