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Let a McKinney Divorce Lawyer Handle Your Military Divorce
For military servicemembers and their spouses, getting a divorce involves a number of unique issues that require special planning and consideration. At Nordhaus & Nordhaus, PC, our McKinney divorce lawyers offer years of experience representing clients in military divorces throughout North Texas.
I’m in the military. What do I need to know about filing for divorce?
As a member of the armed forces, once of the most-significant unique aspects of your divorce will involve protecting your military retirement benefits. Under the Uniformed Services Former Spouses' Protection Act (FSPA), spouses of military officers and enlisted personnel are generally entitled to a share of “disposable retired pay” as part of the divorce process. Disposable retired pay is, “the total monthly pay to which a retired servicemember is entitled, less most VA disability pay, federal debt repayments, fines, forfeitures and Survivor Benefit Plan premiums.”
But, you earned your military retirement benefits; and, during your divorce, it will be important for you to protect as much of your pension and benefits as possible. Our attorneys can help you understand your spouse’s rights under the FSPA, and we can use the law to help protect your military retirement and other assets.
If you have children, your military service could be a factor in the determination of custody and child support during your divorce as well. If your spouse tries to use your service against you for purposes of obtaining custody, we can help you preserve your relationship with your children. The Texas Family Code includes provisions specifically designed to address active-duty servicemembers’ rights to custody and visitation, and our divorce attorneys are intimately familiar with the law as it applies to military personnel and their children.
I am considering a divorce from my military spouse. What do I need to know?
If you are married to a member of the armed forces and are preparing to go through a divorce, it will be important for you to have a clear understanding of the laws that apply to military retirement benefits and custody and visitation during deployment as well. Under Texas law, both spouses are entitled to a “just and right” distribution of their marital property, and military income and benefits earned during the marriage will typically be subject to distribution. With regard to custody and visitation, all arrangements must cater to the “best interests” of your children, and our attorneys can help make sure that your children have every opportunity they deserve.
The Servicemembers Civil Relief Act (SCRA) is another federal law that can have important implications for both spouses in a military divorce. Under the SCRA, servicemembers deployed overseas are entitled to certain protections during court proceedings (including divorces) to ensure that they are not unfairly denied the benefits of the judicial process. If this is an issue in your case, we can help you make informed decisions so that you can protect your rights and finalize your divorce as efficiently as possible.
Speak With a McKinney Divorce Lawyer at Nordhaus & Nordhaus, PC
If you would like more information about getting a military divorce in Texas, you can contact our McKinney family law offices to arrange a free, no-obligation consultation. To speak with an experienced divorce attorney in confidence, please call (214) 726-1450 or send us your contact information online today.