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Arlington Military Divorce Lawyer
The Law Office of Wendy L. Hart
Arlington Military Divorce Lawyer
Military divorce in Texas presents unique challenges compared to civilian cases because of the interplay of state laws, federal regulations, and military-specific rules. For service members, spouses, and families stationed in Arlington, understanding these differences is essential.
The Law Office of Wendy L. Hart can help you navigate jurisdictional issues, such as residency requirements for filing for divorce and federal protections like the Servicemembers Civil Relief Act (SCRA), which can delay proceedings while a service member is on active duty.
Military divorces often involve complex questions about the division of military pensions, benefits, and rules influenced by federal legislation that are not applicable to civilian divorces. Our experienced military family law attorney in Arlington ensures your case accounts for both Texas family law and relevant military statutes.
Legal Rights and Responsibilities for Military Families
Military divorces involve unique rights and responsibilities for military members, their civilian spouses, and their children.
Legal Implications & Consequences
Custody and Support Challenges
Child custody, child support, and parenting plans are further complicated by military service obligations such as deployments and frequent relocations. Texas law provides protections for both military and civilian spouses under the Servicemembers Civil Relief Act to accommodate these challenges. Courts allow adjustments to visitation and support arrangements to account for active duty schedules and deployments, ensuring that parental rights are protected despite long absences. Civilian spouses also receive protections during these periods to maintain stability and support for children.
Understanding Military Benefits and the USFSPA
One of the most complex elements of military divorce is the division of military benefits, especially under the Uniformed Services Former Spouses’ Protection Act (USFSPA). This federal law allows state courts to treat disposable military retirement pay as marital property divisible upon divorce.
However, direct payments from the Defense Finance and Accounting Service (DFAS) to former spouses require meeting the “10/10 Rule”: the marriage and military service must overlap for at least ten years each. Former spouses may also be eligible for medical benefits and access to military exchanges, depending on their situation. An Arlington military divorce lawyer can clarify your entitlements following divorce.
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Phone
(817) 842-2336
Address
200 W. Oak Street Mansfield, TX 76063
Business Hours
Mon - Fri: 8:30 am - 4:00 pm
Wendy has worked on two separate family issues I have had. She always provides sound advice and recommendations regarding family law. She will always be the first person I go to when I have a question or a problem.
– Darcy
Navigating the Military Divorce Process
Filing and Jurisdiction in Military Divorce
In Texas, service members or their spouses can file for divorce if either party has resided in Texas for at least six months and the county for three months. Military personnel stationed in Arlington meet residency requirements by being stationed in the area.
However, federal protections under the SCRA may prohibit divorce proceedings from beginning or continuing while a service member is on active duty or for 60 days following active duty. Jurisdictional issues arise when service members are stationed out of state, requiring experienced legal guidance to file properly and efficiently.
Impact of Deployment and Active Duty
Deployments and active duty status impact timelines, court communication, and the ability to attend hearings. The SCRA ensures that service members are granted protections against default judgments and undue delays due to military obligations. Courts often hold proceedings in abeyance or accommodate alternative hearing methods during deployments. Ensuring compliance with these protections is essential to preserve service members’ legal rights.
Property and Financial Considerations
Like civilian divorces, any property and assets acquired during the marriage are subject to division. Spousal support may also be requested and awarded, depending on the circumstances.
Dividing Marital Property
Military divorces in Texas must address the division of marital property, which includes not only civilian assets but also military retirement benefits, allowances, and pensions. Texas community property principles apply while considering federal law constraints.
Military pensions can be a significant asset subject to division, often requiring careful valuation and consideration of federal guidelines. Both military and civilian spouses have entitlements, and an Arlington attorney can help ensure equitable division.
Spousal Support and Alimony
Spousal support decisions in military divorces consider factors such as income disparities, military allowances, length of marriage, and the potential long-term impact on the civilian spouse. Military pensions and benefits can influence alimony amounts.
Courts may provide spousal support to civilian spouses who face economic hardship due to military service-related relocations or adjustments. Understanding these nuances is critical to fair outcomes for both parties.
Special Considerations in Military Divorce
Whether one or both parties are members of the military, they face challenges that non-military couples do not.
Inclusive Legal Protections Across the Armed Forces
Members of the Coast Guard, Marines, Army, Navy, and Air Force may face branch-specific divorce concerns. The legal system recognizes and respects diverse military family dynamics, including LGBT service members, women, and men. Laws and protections have evolved to ensure fair treatment across gender and orientation lines, with federal and state laws addressing these specifics to uphold equal rights in military divorces.
Civilian vs. Military Family Dynamics
Military divorces often involve added emotional, legal, and financial complexities compared to civilian divorces. Frequent relocations, long deployments, and federal regulations create pressures on service members and their families that civilian families typically do not encounter. Emotional stress and reintegration challenges post-deployment also affect divorce dynamics uniquely. Arlington family law attorneys understand these distinctions and tailor their approach accordingly.
Protecting Children and Parental Rights
Because of service members’ unique situations, handling child conservatorship (custody) is markedly different than a civilian family’s.
Parenting Time and Deployment
Military service requires flexibility in visitation during deployments. Texas law allows parents to request temporary custody or visitation orders reflecting the service member’s absence. Alternative parenting time arrangements, such as delegating visitation to relatives or remote contact plans, help maintain parental relationships despite distance. Both military and civilian spouses have protections to ensure that their parental rights are preserved during active duty.
Establishing and Contesting Paternity
Legal steps to establish or contest paternity in military divorces may involve special considerations if a parent is deployed or stationed overseas. Paternity impacts custody, visitation, and child support, but must account for logistical challenges associated with military service. An Arlington military divorce lawyer guides clients through these procedures while safeguarding their parental rights.
The Law Firm Of Wendy L. Hart For An Arlington Military Divorce
If you or a loved one is considering divorce while serving in the military or as a military spouse in Arlington, working with a dedicated military divorce attorney is essential.
As an Arlington military divorce lawyer, Attorney Hart understands the intersection of Texas family law, federal regulations, and military-specific protections, and can provide personalized legal guidance. Protect your rights, benefits, and your family’s future with a consultation today. Contact The Law Office of Wendy L. Hart today at (817) 842-2336 and get the help you need.
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