Rockwall, TX Military Divorce Attorney
Understanding Military Divorce for Active Service Members in Rockwall
Military divorces are different from civilian divorces in that they have additional requirements, as well as additional protections. As a member of a military of a military spouse, you may have to file for divorce differently, wait longer to get divorced, divide your assets in a specific way, etc.
Divorce can become complicated when one of the spouses is on active duty overseas. If you are undergoing a military divorce, you will need to have a full understanding of state and federal laws that apply to this process.
At my law firm, The Law Offices of J. Cameron Cowan, I can help you understand how these laws affect you, and I also help you take the appropriate steps for protecting your best interests in your military divorce. I am a Rockwall divorce attorney with a legal background that includes more than eight years of experience serving as a lawyer and reservist in the U.S. Army JAG Corps. During this time, I was able to extend legal counsel to thousands of soldiers and military personnel, as well as to their dependents.
Key Steps for Military Divorce Proceedings in Rockwall
In order for a military member to file for divorce, they must first meet a residency requirement. The requirement states that either they or their spouse must be a resident of Texas for at least 6 months before filing and a resident of their county for at least 3 months.
If, however, a military member is a resident of Texas and of the county of the divorce filing but is absent due to his or her military service, that military member can still meet the residency requirements. The same applies to resident spouses of military members who are accompanying their husbands or wives during the time of service.
Unique Challenges in Rockwall Military Divorce Cases
There are many different aspects of military divorce that differ from a civilian divorce. Some of these aspects may make the divorce process easier, while others may actually make the process much more complex. Here are some of the various areas that will need to be considered:
Divorce Delays and Protections Under SCRA
The Servicemembers' Civil Relief Act (SCRA) allows for civil judicial proceedings (including divorce proceedings) of military members to be delayed for a certain period of time when those individuals are serving on active duty and unable to properly participate in the proceedings. The military member will need to take certain steps to get a "stay" (or hold) on the legal proceedings in order to ensure that he or she is not given a default judgment for failing to take part in the action.
Child Custody Considerations for Military Parents
Setting up child custody and visitation arrangements can be even more complex for members of the military since military service usually requires deployments to other states and countries for extended periods of time. The divorcing parties will usually need to have a parenting plan that is even more detailed than most parenting plans. If the military member has sole custody of the child, certain arrangements will need to be made so that other individuals (such as family members) can retain temporary guardianship while the military parent is away.
Equitable Division of Military Benefits and Retirement
It can be difficult to understand the rules for how the various types of military pay and benefits are divided during this process. An attorney can provide insight into how the assets of both spouses must be divided under the appropriate state and federal laws. Military retirement benefits are handled differently than other types of military benefits.
