Getting a divorce is never an easy process, but military divorce in Texas brings its own unique challenges. When one or both spouses are in active military service, the rules and regulations that govern the divorce proceedings can be confusing and difficult to navigate. This is where the expertise of a highly qualified military divorce attorney comes in.
At Varghese Summersett, we understand the complexities of military divorce and are committed to helping our clients navigate the process with confidence. Our team of experienced attorneys has a thorough understanding of Texas law and the specific legal challenges that come with military divorce. We are here to provide guidance, support, and representation every step of the way.
Understanding Jurisdiction in Military Divorce in Texas
One of the most important factors in a military divorce is jurisdiction. This refers to the authority of a court to hear and decide a case. In a military divorce, jurisdiction is determined by several factors, including the residency of the parties, the location of the marital property, and the location of the military installation where the service member is stationed.
Texas law requires that one spouse must have been a resident of the state for at least six months prior to filing for divorce. If both parties are residents of Texas, the divorce may be filed in the county where either spouse resides. If one spouse is a resident of Texas and the other is not, the divorce must be filed in the county where the Texas resident resides.
When a military service member is stationed in Texas, the divorce may be filed in the county where the service member is stationed, regardless of the residency of the other spouse. This is because the military installation is considered to be the legal residence of the service member while they are on active duty.
The Impact of the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides protection to active duty military service members in various legal proceedings, including divorce. The SCRA provides a stay of proceedings, which means that a divorce cannot be finalized while the service member is on active duty, unless the service member agrees to the divorce.
This means that a military service member who is on active duty has the right to postpone a divorce proceeding until they are no longer on active duty. The purpose of this protection is to ensure that service members are not distracted from their duties by the stress of a legal proceeding.
Understanding Military Divorce
Military divorce is governed by both state and federal laws, which can make the process more complex than a typical civilian divorce. In addition to standard divorce proceedings, military divorce also involves a number of unique issues, such as the division of military pensions, access to military benefits, and the impact of deployment on the divorce process.
- Division of Military Pensions: Military pensions are an important asset in any divorce, and in a military divorce, the pension can be a significant portion of the couple’s overall assets. In order to ensure an equitable division of these assets, it is important to work with an attorney who has experience with military pensions and benefits.
- Military Benefits: Military benefits, such as medical coverage and housing allowances, can also play a role in a military divorce. These benefits can be divided between the spouses, and it is important to understand how they will be impacted by the divorce.
- Deployment: The deployment of one spouse can also have an impact on the divorce process. Depending on the circumstances, a deployment may affect the timing and outcome of the divorce proceedings.
Hiring a Military Divorce Attorney in Texas
Navigating the complexities of a military divorce can be challenging, but it is important to have an experienced military divorce attorney by your side. At Varghese Summersett, our team of experienced attorneys has a thorough understanding of Texas law and the specific legal challenges that come with military divorce.
We are dedicated to providing our clients with personalized attention, expert guidance, and aggressive representation. We understand that a military divorce can be stressful and emotional, and we are here to help you through every step of the process.
Our commitment to our clients doesn’t end with the divorce. We are here to help with any post-divorce issues that may arise, including property division, spousal support, and child custody. We will be by your side, fighting for your rights and protecting your interests, every step of the way.
Military divorce in Texas can be a complex and challenging process, but with the help of an experienced military divorce attorney, you can navigate the complexities with confidence. At Varghese Summersett, we understand the specific legal challenges of military divorce and are dedicated to providing our clients with personalized attention, expert guidance, and aggressive representation. Our experienced attorneys have a thorough understanding of military laws, regulations, and benefits, and can help you protect your rights and interests throughout the divorce process.
