Talk to Divorce Lawyers for Veterans in Texas Near You

Military Divorce Attorney Texas - Eric M. Willie P.C.A military divorce in Texas, where one or both spouses are active members of the military, will usually involve additional formalities compared to a civilian Texas divorce. The state has specific laws pertaining to military divorces, and some federal laws will also apply.

Considering the relatively higher complexities involved, a service member or their spouse should speak to a knowledgeable Texas military divorce lawyer to ensure that their rights are fully protected under both federal and state laws.

If you are an active duty military or spouse, considering divorce, call us now at 512-478-0834 or contact us to schedule a free consultation and speak with one of our divorce lawyers for veterans in Texas.

How to File for a Military Divorce in Texas?

When military personnel or their spouse have decided to go ahead with a divorce, they should file a petition in the Texas County where they reside. Having an expert divorce lawyer on your side from the beginning will help you navigate the process.

According to state law, the individual petitioning for divorce should have been a resident of the state for a minimum of 90 days. A service member who has been stationed in Texas for this minimum period is also eligible to file a divorce in the state.

In civilian divorces, if a party fails to respond to certain requests, he or she could be held in default. However, the rules are slightly different for military personnel in Texas because their nature of work is such that they may be located abroad or in regions where communication is slow or limited.

Considering these factors, military members are protected from default under the Service Members Civil Relief Act.

Therefore, for the duration of their active military duty and an additional 60 days beyond that, a service member’s divorce proceeding can be deferred by their military divorce attorney in Texas.

What Happens When You Divorce A Veteran in Texas?

When going through a Texas divorce that involves a veteran, various questions come to mind and tend to gravitate toward the implications of a veteran’s benefits post-divorce. Even though the individual may no longer serve actively in the military, the prospect of retaining healthcare coverage and other social benefits is a common concern amongst a veteran’s spouses. Especially in cases of contested divorces, veterans who are going through a divorce worry that they will have to continue sharing their benefits with their soon-to-be ex-spouses. Understanding the intricacies of how these benefits will be distributed post-divorce is important for both parties involved.

The non-military spouse often wants to seek clarity on what benefits they may still be entitled to after their divorce is finalized, considering the significant role these benefits play in their lives. However, the veteran may seek to safeguard their entitlements, as they may be worried they won’t be able to continue to receive the support they have previously.

How Does Texas Divorce Affect VA Benefits?

When divorcing a veteran, the impact on VA benefits can be significant for those who are not former military members. As the veteran’s spouse, the veteran’s disability benefits may be reduced and any minor stepchildren previously considered dependents will no longer be included in benefit calculations once the divorce is finalized.

Immediate updates to veteran’s disability benefits regarding dependents are important post-divorce, as over-payments may be made. If over-payments are made, then deductions to benefits in the future may be a possibility. However, spouses who are divorced from a veteran may retain certain VA benefits. Certain factors must be looked at to determine the reduction in benefits or change in eligibility status, including:

  • Duration of the marriage
  • Duration of military service

Healthcare coverage may continue for ex-spouses if the veteran served a certain amount of time in the military and the marriage lasted for a certain duration during that service. Those that do not meet these requirements may still qualify for short-term or alternative VA coverage options.

Does A Veteran Have To Split Their Benefits In A Divorce?

Military Divorce in Texas, texas veteran divorce lawyer, military divorce attorney near you

During divorce proceedings involving a veteran, it’s important for both parties to understand that VA disability benefits are not considered marital property. Therefore, they are not subject to division by a court. Protected under the Uniformed Services Former Spouses’ Protection Act (USFSPA), VA disability payments and benefits are exempt from being divided as marital or community property during divorce proceedings.

While these benefits cannot be split between spouses when divorcing a veteran, they are taken considered as income when determining certain financial obligations such as child support or alimony payments. This means that during divorce proceedings, VA disability benefits and income are used to determine how much the veteran will have to pay in alimony or child support. This highlights the unique legal status of VA disability benefits in Texas divorce settlements and negotiations, allowing veterans to retain their entitlements post-divorce.

A veteran divorce lawyer in Texas can offer invaluable guidance to veterans dealing with the complexities of divorce. Military divorce lawyers in Texas can provide clarity on what benefits veterans are entitled to retain and what they must disclose during their divorce proceedings. With their legal guidance and knowledge, veterans can confidently navigate the legal process while safeguarding the rights and entitlements they have earned as a result of serving our country.

Will My Disability Benefits Decrease After Getting A Divorce?

Veteran divorces can have financial implications for veterans, particularly concerning disability payments. While they do not have to split or share their monetary VA disability income with their ex spouse, these payments are typically adjusted based on dependents, including spouses. Therefore, upon divorce, veterans may see a decrease in their disability payments. For example, a veteran with a 30% disability rating may see a reduction of approximately $50 per month. However, veteran divorce lawyers in Texas can provide legal assistance in understanding the specific impact of divorce on VA disability benefits when determining what their finances will look like post-divorce. This helps veterans become aware of their rights and entitlements.

Do I Have To Split My Military Retirement With My Spouse In A Divorce?

When a veteran goes through a divorce in Texas, the division of military retirement benefits is governed by both state property division laws and federal regulations, specifically the Uniformed Services Former Spouse Protection Act (USFSPA). This federal law permits the state of Texas to consider military disposable retired pay as marital property. Therefore, it is eligible for division amongst spouses during divorce proceedings.

Disposable military retired pay applies to a service member’s entitled monthly retired pay after qualified deductions. However, not all former military spouses automatically receive this type of pay in a divorce as specific eligibility criteria must be met. According to federal law:

  • The former spouse must have been married to the military member for at least 10 years
  • The military member performed 10 years of creditable military service

These qualifications must be met in order to qualify for direct payment of retirement benefits. However, court-ordered payments for child support or alimony are not based upon a specific duration of marriage to receive payment awards. Consulting with a veteran divorce lawyer in Texas can provide clarity on the intricacies of dividing military retirement to ensure fair treatment in divorce settlements.

Serving a Summons to an Active Military Spouse

Texas law requires that an active military duty spouse must be served with a summons and a divorce action copy before a Texas court can have jurisdiction over the case.

In an uncontested divorce, it is not necessary for the active duty spouse to be served, provided he or she has submitted an affidavit to acknowledge the divorce action. If you have any questions, our top-rated Texas military divorce attorneys are standing by to provide answers.

Military Divorce Lawyer Texas

Division of Property and Benefits in a Texas Military Divorce

Texas is a community property state, and all the laws pertaining to marital property will apply in a military divorce, just as in a civil divorce.

However, an exception is that there are certain federal regulations related to the division of retirement benefits in a military divorce.

A dependent spouse in a military divorce is eligible to receive a part of the retirement benefits, provided the couple was married for at least 10 years during which the service member was on active duty.

Once this condition is satisfied, the division of military retirement benefits will be then determined in accordance with the USFSPA regulations (Uniformed Services Former Spouses’ Protection Act).

Health Insurance Benefits

Military families proceeding with a divorce in Texas should know that if the marriage lasts for 20 years or more, out of which at least 20 years were spent with one spouse in active military duty, then the other spouse might be eligible for military health insurance and other benefits following the divorce.

To ensure that you are receiving your rightful share of marital assets and retirement benefits as a military spouse, you should have an experienced Texas military divorce lawyer by your side.

Child Custody and Support in a Texas Military Divorce

When a military family is contemplating divorce, they should understand the laws related to child custody and child support for military personnel and their spouse. We have experienced military family law attorneys and Texas military custody attorneys available to help.

Child support in Texas in a military divorce will be determined according to the same guidelines that apply to a civil divorce. However, the child support amount cannot be higher than 60 percent of the total salary and allowances of the active service member.

Child custody decisions for military families can be more complex. Texas has a requirement for divorcing couples with minor children to submit a written parenting plan.

Service members should assess the following issues while preparing a formal parenting plan:

  • How will they care for the child during a deployment?
  • Would they like the child to be relocated if their service duty requires them to move out of Texas or to be stationed in a foreign country?
  • What will happen in the event of remarriage of a parent?

If the former spouses are unable to agree on a parenting plan in conformance with the guidelines, a Texas judge will rule on the custody matters.

Contact an Experienced Texas Military Custody Attorney Near You

As an active duty military member or spouse who is planning to file for divorce in Texas, you need a lawyer with a thorough understanding of the federal and state laws related to military divorces.

Contact the Law Office of Eric M. Willie, PC, at 512-478-0834 and our top-rated military local divorce attorneys will help handle the unique issues in military divorces in the state of Texas, such as jurisdiction, division of marital assets and retirement benefits, child custody, and support.

Our experienced Austin, Texas military divorce lawyers will help you obtain the most favorable resolution for your divorce matters. Hire the BEST custody lawyer near you. To request a consultation, contact our Texas military custody attorney by calling 512-478-0834 or complete our online contact form.

    Reviews of Our Top-Rated Austin, Texas Military Divorce Attorneys

    “This firm represented me in my divorce for almost a year and we won all of our hearings. Mr. Willie is an outstanding attorney who know the ins and outs of both family law and the court system. You couldn’t ask for a better lawyer. Highly recommend.” – Valorie Bravo

    “I met with Eric and the hospitality was great. He broke everything down to me perfectly and I greatly appreciated it. He is willing to fight for everything you want to accomplish during your tough times. I would definitely recommend him to anyone needing a Family Attorney!” – Christopher Colter

    “I found Mr. Willie both competent and professional. His strategy to address a modification petition was sound and successful. What impressed me most was his matter of fact way of analyzing the issues. He was candid and kept things simple as well as understandable. No confusing legal talk, just a clear, direct and sensible manner of approaching the conflict. Further, if you’re looking for a lawyer that will go the extra mile, Eric Willie is your man. We encountered a filing issue due to the COVID shutdown and he stayed with it until completion, proving himself a loyal and devoted attorney. I remain grateful for Mr. Willie’s services and would recommend him for any family law proceedings.” – Freddy Erdman

    These are just some of our 176+ Google reviews.

    Read more reviews »