Military Laws Can Change Your Divorce Process
Divorce can look very different when you or your spouse are active members of the military. Your family’s military benefits and each person’s individual rights, as well as federal and state law, all come into play during the process.
Our team at the Law Office of Brian Bagley, PLLC, understands the nuances of military law and how to protect both sides. Whether you are a civilian or a service member, we can approach your divorce case with effective solutions and a compassionate ear.
Protection For Military Members
If you are an active member of the military or are in the reserves, you cannot be divorced without your knowledge. The Servicemembers Civil Relief Act (SCRA) provides protection while you are on active duty and for 60 days after your duty is fulfilled, including postponing divorce proceedings until you are back at home.
If you wish to continue with the divorce while you are serving, you can waive this protection. No matter how you want to proceed, our priority is protecting your rights and state of mind while you are serving.
Protection For Civilian Spouses
In order to file for divorce in Texas, you need to have lived here for at least six months. We understand that moving frequently is a reality for military members and can help you establish residency and file in the correct courts.
Military benefits for you and your family are often not divided fairly. The Uniformed Services Former Spouses’ Protection Act (USFSPA) only provides benefits to a civilian spouse if you were married for at least 10 years while your spouse was on active duty. However, Texas law may allow you to claim future military benefits depending on your situation.
Protection For Your Children
Together, you and your spouse can create a parenting plan to handle custody and visitation of your children. If you cannot agree on a plan, a judge may create a plan for you or force you into a conservatorship. A judge can also get Child Protective Services involved if the situation requires it.
We want to keep the control in your hands. You have flexible options to help you stay in your children’s lives such as extra visitation when a military member first returns from duty or the ability to set boundaries on where your ex-spouse can live.
Finding The New Normal After Divorce
We understand that nothing feels the same after a divorce. Our goal is to help you find the best possible situation for you and your children and to look positively at the future.