If you find yourself having to go through the divorce process as an active or former member of the military, you should know that it is much more complex than if both spouses were civilians. Due to the added complication, having a Dallas military divorce attorney that understands what you are facing will make all of the difference. The attorneys here at the law office of Wilson Whitaker Rynell have extensive experience in cases like this and are prepared to help you navigate your military divorce proceeding in Texas.
The state of Texas is a community property state, and in a typical civilian divorce, assets are divided between both parties in a “just and right” way. Furthermore, military divorces follow along the same guidelines, except the Uniformed Services Former Spouses Protection Act (USFSPA) allows that “disposable retired pay” be received as non-disability military retirement and earned during the marriage can be community property to be divided in divorce.
However, in order for a non-military spouse to receive the military retired pay, the federal law requires that the couple be married for a minimum of ten years. Also, the military member must have completed a minimum of ten years of service during that time. This act also specifies a Survivor Benefit Plan if a retired member passes. Additionally, a former spouse could seek coverage under the Survivor Benefit Plan.
In Texas, one of the rights of service members is to adopt the Soldiers and Sailors Civil Relief Act in their military divorce cases. This would provide a specific safeguard to prevent a default judgement from being rendered against a service member. Moreover, the service member would be provided the ability to stay the proceeding of the Texas military divorce case if they are overseas.
Active duty service members and their spouses are offered some options not afforded to civilians in meeting the residency requirements. If one of the following requirements are met then their divorce is eligible for a Texas military divorce:
Regardless if it’s you or your spouse that is a member of the military, the law office of
Wilson Whitaker Rynell can provide you with guidance in your divorce case. Our board certified attorneys specialize in complex divorce, property and child custody matters. Please contact our office for a free consultation if you need representation in your divorce.
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Wilson Whitaker Rynell
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