About Military Divorce
At Chernoff Law, we understand the unique stresses that military life places on a married couple. Long periods of separation when one spouse is placed on active duty often results in marital difficulties that cannot be resolved when that spouse returns. A spouse who returns from active duty may have great difficulty in readjusting to family life, and is not capable of mending the problems that developed from the long separation. This may result in a military divorce.
In Texas, the grounds for military divorce are the same as those for civilian divorce, although there are some provisions in place that effect the residency requirement. There are some differences in a military divorce proceeding that can have a profound effect on property division, and a spouse who is considering a military divorce should seek out the appropriate information and legal advice before a decision is made. We have experience in military divorces, and can provide the proper legal support and representation necessary for individuals going through this type of divorce.
MILITARY DIVORCE ISSUES
Attorneys who represent spouses in the armed forces must be knowledgeable in the federal laws that protect military personnel, such as the Soldiers and Sailors Civil Relief Act, U.S.C.A., Title 50. This act limits the court’s ability to issue a final decree when one of the parties is active in the military. The law also states that the spouse who is on active duty must be personally served with a summons and a copy of the divorce action, which is often very difficult to do when the soldier or sailor is stationed away from home.
Common issues in a civilian or military divorce include the distribution of assets and real property. Other common issues include debt allocation, child support, custody and visitation. Spousal maintenance may be limited. Special rules apply to military retirement as well. It is important that if you are contemplating a divorce when one or both parties are active or retired military, that you hire an experienced law firm like Chernoff Law. Give us a call today at 713-222-9141.