El Paso Military Divorce Lawyer
Supportive and Diligent Legal Guidance for Service Members
While divorce laws primarily remain the same for military members as it does for civilians, certain differences exist that can play a critical part in a military divorce.
Specific federal laws that apply only to the military may come into play.
Understanding these laws and how they might affect your case is important. In addition to these differences, you will face the often difficult issues that civilians face in divorce: child custody and visitation issues, support issues, and financial matters.
Because of this, it is important to seek the guidance of a divorce lawyer who understands how your divorce may be affected by military laws as well as standard state laws.
At Hall Law, you can bring your case to a law firm that has 20 years of experience in handling divorce cases of all kinds, from the simple and uncontested to complex contested matters involving courtroom litigation.
Our firm is dedicated to providing you with one-on-one personalized service and a thorough approach to resolving your divorce issues.
We are driven to help you reach an outcome that aligns with your needs and legal objectives.
While divorce can be a major shift in life creating an emotionally challenging juncture, having the knowledge and guidance of a trusted attorney can ease the process.
Is It Better To Get A Lawyer For A Military Divorce?
It's always in someone's best interest to hire an attorney to represent them during a divorce case.
Between protecting your assets and ensuring your rights are upheld in any child custody or child support arrangement, having an experienced El Paso divorce lawyer can provide you with the peace of mind knowing your rights and best interests are being advocated for.
When hiring an attorney, they will meet with you, learn more about what outcome you wish to achieve, and then put together a legal strategy to help you achieve those goals.
Facing a military divorce? Reach out to our El Paso military divorce attorney at (915) 529-0233 at Hall Law to schedule a confidential consultation about your case.
Military Divorce in Texas
Military attorneys working in the branches of the armed services cannot represent you in a family law court matter such as divorce. You will need a civilian attorney who understands both civilian and military law as they apply to your case.
Civilian family law governs the following issues:
- Child custody
- Visitation/Parenting plans
- Child support
- Spousal support/alimony
- The division of community (marital) property and debt with the exception of military pensions
- The divorce process, such as residency requirements, grounds for divorce, the service of divorce papers, and more with the exception of serving divorce papers on a servicemember who is on active duty
Under the Servicemembers Civil Relief Act (SCRA), servicemembers have certain rights regarding financial obligations as well as civil legal actions, such as divorce proceedings.
The SCRA grants servicemembers a stay of civil proceedings for those who are on active duty or soon will be. This generally means that they cannot be pulled into a divorce case while overseas or about to be deployed.
The case must be postponed until the servicemember becomes available to take part in it.
However, the servicemember can give up this right by signing a waiver and allowing the divorce action to be put into motion.
What Is a Military Wife Entitled to in a Divorce?
An ex-military wife in a divorce is entitled to the Continued Health Care Benefit Program (CHCBP), the Tricare version of “COBRA” for three years.
An ex-spouse can remain in CHCBP for the remaining of their life and receive a share of the military retirement or SBP, as long as that ex-military spouse remains unmarried.
The Uniformed Services Former Spouse Protection Act
Dividing marital property and debts is one of the issues that will need to be resolved in any divorce, including military divorces. In a military divorce, once a non-military spouse has been awarded some portion of a servicemember’s retirement plan by the court, it falls under the Uniformed Services Former Spouse Protection Act.
This federal law provides a way of enforcing such a distribution to the non-military spouse through the Department of Defense.
Certain eligibility factors will come into play in distributing military pension amounts to a non-military divorced spouse.
These factors can include at least 10 or more years of military service on the part of the servicemember as well as their marriage having lasted for 10 years or more.
The division of marital property, including military pensions, can be a complicated issue; it calls for the understanding and services of a lawyer who has experience in handling military divorce pension division and distribution.
Hall Law Can Help
Our El Paso family law firm is here to help you resolve all of the issues regarding your military divorce, from filing and serving paperwork to handling custody, property, pensions, and all other matters. Our goal is to help you resolve these issues effectively and efficiently while protecting your legal rights. We urge you to let us use our extensive experience to assist you in moving through this process as smoothly as possible.
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“She is the first person to talk to me with respect and the first lawyer I have had that was worried about me and my kids.”- Jorge
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