Navigating a military divorce in Texas can be particularly challenging due to the unique circumstances surrounding military families. The additional complexities of federal regulations, Texas state laws, and the involvement of service benefits make it distinct from a standard divorce process. If you or your spouse is in the military and you are considering divorce, it is essential to understand the specifics involved and seek guidance from experienced professionals like the Daniel Ogbeide Law firm.
Jurisdiction and Filing for Military Divorce in Texas
One of the first considerations in a military divorce in Texas is determining where to file. Unlike civilian divorces, military divorces can be filed in multiple locations: the state where the service member is stationed, the state where they claim legal residency, or the state where the non-military spouse resides. This flexibility can affect aspects like property division and child custody, so it is critical to choose the location that best aligns with your legal needs.
The state of Texas requires a 60-day waiting period after filing before a divorce can be finalized. However, the timeline can be extended due to deployments or active duty, as the Service members Civil Relief Act (SCRA) protects service members from civil lawsuits, including divorce proceedings, while on active duty. This act aims to prevent default judgments when a service member cannot attend court hearings due to military obligations.
Child Custody and Child Support in Military Divorces
When children are involved, issues of custody and support are often the most sensitive and complex aspects of a military divorce. Working with a child custody attorney in Houston can be crucial in ensuring the best interests of the children are protected.
In Texas, child custody decisions are based on the “best interest of the child” standard. For military families, this consideration becomes even more nuanced. Factors like deployment schedules and relocations can complicate custody arrangements. Courts often take into account the likelihood of frequent moves and prolonged absences when deciding on parenting plans and visitation schedules. It’s crucial to work with an experienced attorney who understands these dynamics and can help craft a custody arrangement that accommodates the service member’s duties while ensuring the child’s stability.
In terms of child support, Texas uses a standardized formula to determine the amount based on the non-custodial parent’s income. However, in military divorces, calculating income can be complicated due to the various allowances, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), that may not be considered taxable income. A knowledgeable child support attorney in Houston can assist in accurately assessing the service member’s total compensation to ensure a fair child support calculation.
Division of Military Benefits
One of the most critical aspects of a military divorce in Texas is the division of military benefits, including retirement pay, pensions, and healthcare. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Texas courts can treat military retirement pay as divisible property in a divorce. The “10/10 rule” is an essential guideline: if the marriage lasts at least 10 years, during which the service member performed at least 10 years of military service, the non-military spouse may receive direct payments from the Defense Finance and Accounting Service (DFAS).
Additionally, healthcare benefits like TRICARE may also be impacted. A former spouse may continue to receive TRICARE benefits if the marriage lasted for 20 years, the service member served for at least 20 years, and there was a 20-year overlap of marriage and service. These regulations are highly complex, so consulting with affordable divorce attorneys in Houston who specialize in military divorces is crucial.
Why Choose Daniel Ogbeide Law
At Daniel Ogbeide Law, we understand that dealing with military divorce in Texas can be overwhelming. We are committed to providing clear, understandable legal guidance tailored to your unique situation. Our team of compassionate attorneys is experienced in handling complex family law issues, including child support and custody, and will be with you every step of the way. If you need a child custody attorney in Houston, child support attorney in Houston, or affordable divorce attorneys in Houston, Daniel Ogbeide Law is here to help.
Learn more about our family law practice here. Alternatively, contact us for assistance with your legal case.