Service members and their spouses bring some unique concerns to the table when divorce arises in their marriages. There are significant issues both in custody and visitation, and division of property that should be considered, and It’s critical that any service member or spouse who is considering divorce find an attorney who understands, and can advise them, regarding these unique issues with military divorce.
Military retirement is a commonly misunderstood area, even among attorneys. It is important the attorney you choose be versed in this area if either you our your spouse has military retirement. Military retirement is subject to division in Texas divorce cases, regardless of the duration of the marriage. For retirement to be divided by DFAS (Department of Finance and Accounting Service) and sent to the service member spouse, the spouse must have been married to the service member for at least ten (10) years, while the service member was serving. The manner of division, and the amount are complicated matters that, again, should be discussed with an attorney.
Custody & Visitation
Custody and visitation is another are where members of the armed forces and their spouses find unique issues. For most service members, one of the realities of life is that they will not be at one location for very long. This reality is understood and appreciated by most judges in our family law system, which is critically important, but this appreciation may not help the service member who is stationed in an area where it just isn’t safe to have a child. Once again, these matters of custody and visitation should be discussed with a lawyer who has experience helping service members and their spouses with this type of matter.