Military Divorce Lawyers Arlington, TX
Serving in the comes with obvious risks; however, not everyone thinks about the risks their relationships may face. The unfortunate truth is that being an enlisted service member or an officer means your chances of getting divorced are much higher than a marriage between two civilians. National statistics reveal that in study after study, the rate of divorce for service members is higher than in other professions. If you or your spouse are a service member in Texas and are considering divorce, contact Brandy to speak with one of our military divorce lawyers Arlington, TX clients recommend.
Factors that can lead to a ruined relationship include the extremely high stress of certain military jobs, being away for months at a time, and having to put your country before your family time after time. Servicemembers who have experienced trauma while deployed or during training have an even higher divorce rate, with post-traumatic stress disorder (PTSD), depression, anxiety, sleeplessness, and an inability to assimilate back into civilian life being causes for divorce.
Military divorce is similar to civilian divorce in various ways, yet much different in others. One of our experienced Divorce Lawyers Arlington, TX families trust can assist you as a service member or civilian in your divorce.
Military Divorce Rate is High
Of the top 30 careers with the highest divorce rates, military occupations placed at 10, according to one study. This includes first-line enlisted military supervisors, which had the highest divorce rate of any occupation, at 30 percent. Being away from home for long periods of time is the leading cause of divorce among service members, which is evidenced by the fact that the Navy has the highest divorce rate of any of the armed forces.
Residency in the State of Texas – Where Do I File for Divorce?
Typically, a service member can file for divorce in the state where he or she is stationed. In order to be classified as a resident of Texas, either spouse needs to have been stationed in Texas for a minimum of at least six months and a resident of their county for a minimum of three months.
Divorce Proceedings Cannot Begin While on Active Duty or for 60 Days After
Due to the Servicemembers Civil Relief Act (SCRA), a member of the military cannot be divorced, nor can proceedings begin, while he or she is on active duty. Furthermore, this law usually protects service members for 60 days following active duty. Hence, if you or your partner is considering divorce, it cannot take place while the service member is on active duty or until two months after he or she returns. This is something that needs to be taken into account and is something that does not apply to a normal civilian divorce.
Contact Divorce Law Firm for Help
There are additional complications with military divorce, such as how a pension will be divided and how child custody will be handled. You need an experienced attorney on your side to assist throughout the process. The Arlington, TX divorce lawyers from Brandy Austin Law Firm, PLLC can help. Contact us today to get started.
6 Common Misconceptions About Military Divorce
Military divorce comes with its own set of unique challenges and rules, which can lead to misunderstandings for those unfamiliar with the process. If you’re pursuing a military divorce, it’s important to separate fact from fiction to make informed decisions. To help you understand key concepts you need to know, we’ve compiled and debunked six common misconceptions about military divorce.
Military Divorce Is Always More Complicated Than Civil Divorce
Many people assume that military divorces are inherently more complicated than civilian divorces. While it’s true that military divorces involve additional considerations, such as military pensions and benefits, they don’t necessarily make the process more difficult.
With the right guidance, you can navigate the specifics of a military divorce just like any other. Our Arlington military divorce lawyers can help you understand what applies to your situation and guide you through the process.
A Military Spouse Automatically Gets Half Of The Service Member’s Pension
Another misconception is that the non-military spouse automatically gets half of the service member’s pension. While the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows for the division of military pensions in a divorce, the division isn’t always a straightforward 50/50 split.
The amount awarded depends on several factors, including the length of the marriage, the duration of the service member’s military service during the marriage, and other considerations. Our Arlington military divorce lawyers can help clarify how the military pension will be divided in your case.
Military Members Can’t Be Divorced While Deployed
Some people believe that military members cannot get divorced while deployed. In reality, service members have the right to file for divorce, even if they are overseas or deployed.
However, military service members may request a delay in proceedings if they are unable to participate due to deployment. The court may grant such a request, but it’s important to work with an attorney who understands the rules and can help you navigate this process smoothly.
Child Custody Is Always Awarded To The Civilian Parent
There’s a common belief that the civilian parent will automatically get custody of children in a military divorce. Because custody and support decisions are based on the best interests of the child, the military parent is eligible for being awarded custody rights.
The court will consider the service member’s ability to provide a stable environment, as well as their deployment schedule. If you’re concerned about custody, it’s crucial to work with a lawyer who can help present your case effectively.
Military Benefits Are Automatically Divided In A Divorce
Another misconception is that military benefits, such as health insurance and commissary privileges, are automatically divided during a divorce. While some benefits, like healthcare coverage, may continue for a time under certain circumstances, military benefits are not automatically divided.
It’s important to discuss the specifics of your benefits with our Arlington military divorce lawyers to understand how they may be impacted by your divorce.
A Military Divorce Will Take Longer Than A Civilian Divorce
Many people believe that military divorces always take longer than civilian divorces due to the additional considerations involved. While it’s true that military divorces can take longer in some cases, the timeline depends on the specifics of the case.
Factors such as the division of assets, custody arrangements, and the service member’s availability can all influence how long the process will take. Our experienced divorce attorneys can help you understand the potential timeline for your situation and work to expedite the process where possible.
Secure Strong Representation Today
If you’re considering divorce and need legal assistance, don’t hesitate to reach out to Brandy Austin Law Firm. Our team is here to help guide you through the military divorce process. Contact us today to schedule a free consultation and learn more about your legal rights and options.
