(833) 553-4251
(833) 553-4251
Members of the military and their spouses face challenges when dissolving their marriages. Although the JAG can help with military law matters, they cannot represent a service member in a divorce proceeding. Service members and their spouses must seek legal representation from a civilian attorney.
Contact an Austin military divorce lawyer for help when your marriage is ending. They understand the complexities of military divorce. A knowledgeable divorce attorney could help you navigate the process and successfully achieve your goals in the divorce.
State courts have jurisdiction over a divorce when one of the spouses has lived in the state for at least six months and in the county where the divorce is filed for at least 90 days. Many military families maintain their permanent residence in one place but may be stationed somewhere else, which can complicate meeting the residency requirements for a divorce.
The law accommodates members of the military by offering two additional options. First, when spouses maintain a permanent home locally, they may file for divorce in their home state even when they are stationed in another jurisdiction. Spouses who maintain permanent homes in other states may divorce when one of the spouses is stationed at an in-state base and has been at that base for at least six months.
Second, divorce proceedings can be delayed when a military spouse is on active duty overseas. The spouse on duty overseas can seek a stay of the proceedings until 90 days after they return from their deployment when the stateside spouse files for divorce. Speak with an Austin military divorce attorney about the impact overseas deployment might have on the timeframe for completing the marriage dissolution process.
Determining how to split time with the children is often one of the most emotionally grueling aspects of divorce. Typically, both parents want to remain as involved in their children’s lives as possible.
The issue of child custody is especially complicated when one or both spouses are members of the armed forces. Their parenting plan must consider how they will co-parent when both parents are in the same geographic area and how they will manage custody issues when one of the parents must deploy.
Ideally, parents cooperate to create a workable parenting plan. The judge must approve any plan the parents submit and will impose a plan if the parents cannot agree. Any plan must support the children’s best interests. A military divorce lawyer in Austin could help parents devise a plan that nurtures both parents’ relationships with the children while providing a stable environment, even when a parent must deploy.
In a community property state, each spouse has equal rights to everything either spouse acquired during the marriage and everything the couple acquired together. Anything either spouse owned before marriage or acquired through a gift or inheritance after marriage is their separate property.
Texas Family Code § 7.001 requires judges to divide community property fairly. In practice, they assume an equal division of property unless evidence demonstrates that an unequal division is fair in a specific case. An Austin attorney could argue for an unequal division in an appropriate circumstance during a military divorce.
Military pensions can be considered community property. When a couple was married for at least 10 years, federal law requires a military spouse to receive part of their former spouse’s pension. When a couple was married at least 20 years, the non-military spouse may be entitled to military health insurance and other benefits. The value of these benefits should be factored into the overall property division scheme.
Getting divorced is never easy, but a military divorce can be especially difficult. Work with an attorney who understands your situation and the challenges military families face.
An Austin military divorce lawyer can protect your rights and help you obtain a fair divorce settlement, enabling you to prepare for a bright future and move forward. Reach out to Kimbrough Legal today to schedule a private consultation.
N/a
