Here is a scenario in which I recently helped three military blended-families get things in order for overseas reassignment from the San Antonio area (two to Germany and one to a Pacific location). The scenario looks like this:
The military member's spouse has children from a previous marriage or relationship (i.e. the military member...Post-Divorce Spousal Maintenance May Not Factor VA Disability Compensation
As a general rule, Texas courts do not award post-divorce spousal maintenance easily. When awarded, however, the maximum amount the law allows is the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income.
The Family Code specifically exempts VA disability compensation from being counted among average monthly gross...
Exemption for Probate Fees for Certain Military Members
In Texas, estates of military servicemembers who die in active service in a combat zone are exempt are exempt from the following fees:
Any fee for filing for probate of the deceased servicemember's Will; and,Any fee charged by the probate court for rendering its normal services."Combat zones" are designated by the President by...
Getting a Simple Divorce When Your Spouse’s Whereabouts Are Unknown
If after reasonable diligence you are unable to locate your spouse, it remains possible to have them served with legal process for divorce. The court must consider an affidavit from the spouse seeking the divorce, or his or her attorney, that describes the due diligence before authorizing "Citation by Publication."
As described in...
Dissolving the Community Estate During Marriage: Scenario for Military Divorce
In my last blog, we looked at how spouses can dissolve the community estate and create only separate property by executing a Partition & Exchange Agreement. To read that blog, click here. I mentioned that in this next blog, we'd look at a scenario where executing a Partition & Exchange Agreement may be...
Dissolving the Community Estate During Marriage: Creating Only Separate Property
The Texas Constitution and the Texas Family Code both provide that spouses may, at any time, agree to dissolve the community/marital estate so that each spouse possesses only his or her separate property. This is done through a Partition and Exchange Agreement.
The Partition and Exchange Agreement can, among other things, accomplish the following:
Identify...Divorce & Attempted Reconciliation: How Long Can A Case Be On Pause?
My previous blog discussed steps that attorneys make take to put a divorce case on pause when the parties wish to attempt reconciliation. To read my previous blog first, click here. In this blog, we'll answer the question of how long a case can be on pause.
Here's the answer -- there is no absolute...
Divorce & Attempted Reconciliation: How Long Case A Case Be “On Pause?”
Occasionally in divorce, the parties wish to try to reconcile while leaving the suit for divorce active in the Court's system. The three most common questions are: (1) are there any "official" requirements to put the cause on pause; (2) how long can a case be on pause; and, (3) if we decide...
Recoupment of Overdue Former Spouse Military Retired Pay or FERS Annuity Payments
I get a steady stream of requests from former military spouses and former spouses of Federal Civil Service members for help in obtaining a clarification order that will cause DFAS or OPM to start the former spouse's monthly payments. Sometimes years have gone by since the military servicemember of civil servant has retired and...
We Can Help When DFAS Rejects the Forner Spouse’s Application for Retired Pay
It happens all too often that the Defense Finance & Accounting Service (DFAS) will reject a former spouse's application for the share of military retired pay awarded to him or her in a military divorce. This occurs when the award expression in the divorce decree, or domestic relations order (DRO) that often complements...