Our firm has helped many military or Federal Civil Service member who are PCS or deployed overseas handle an array of family law matters such as:
Military divorce
Federal Civil Service divorce
Modification of child custody, visitation or child support
Enforcement of conservatorship or access provisions (e.g. right to receive information...
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Military Divorce: Former Spouse Suvivor Benefit Plan (SBP) Is Not Always Available
First, you should know that the former spouse's military retired pay payments stop when the servicemember dies. Former spouse SBP is a purchased annuity that, if available, can replace that stream of payments. To have former spouse SBP protection, it must have been ordered as part of your decree and applied...
Who Pays the Former Spouse Survivor Benefit Plan (SBP) Premium in Divorce?
It depends. In military divorce, Texas case law establishes that courts have authority to order the Servicemember to pay the SBP premiums and doing so does not equate to impermissible permanent alimony. The Former Spouse, however, can be ordered to pay as well. In short, there is no automatic answer since either outcome...
Military Divorce and the Servicemember’s Involuntary Separation Pay
The Texas Supreme Court decided in a 1979 case that involuntary separation pay is not community property and, therefore, not divisible in divorce. In its decision, the Supreme Court rejected the former spouse's argument that involuntary separation pay is a property right that, like military retired pay, should be divided...
Amicus Attorney versus Attorney Ad Litem – What’s the Difference?
Sometimes in a suit affecting the parent-child relationship (e.g. a custody dispute associated with a divorce or between unmarried parents), the court might appoint an Amicus Attorney or Attorney Ad Litem (and, on rare occasion, both). The different focus of their respective roles is not well understood.
The focus of an Amicus Attorney...
Finishing a Pro Se or “Do It Yourself” Divorce Quickly
I frequently get calls from people who filed their own divorce but need help finishing the job. The need for help generally stems from one of two sources:
The forms have become overwhelming and confusing;
The Bexar County Staff Attorney's Office informs the person that the wait time for a court date...
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Grandparents Raising Grandchildren: Obtaining Custody (i.e. Managing Conservatorship)
I've recently helped several grandparents who were raising their grandchild get legal custody (formally known as "managing conservatorship"). The most common basis for bringing a suit for managing conservatorship is when the parents have voluntarily relinquished actual care, custody and control of the child to the grandparents for at least six months' time. ...
UCCJEA: How It Can Help Texas Retain Jurisdiction A Child Custody Determination
In my previous post, I introduced the Uniform Child Custody Jurisdiction and Enforcement Act or UCCJEA. In general, the UCCJEA's central rule is that only the "home state" of the child has jurisdiction to make an initial child custody determination. The "home state" is the state in which the child lived with a parent...
UCCJEA: Avoiding Jurisidictional Disputes Among States in Making Child Custody Determinations
In a previous blog, I highlighted that military and Federal employees (and their spouses) absent from Texas on public service may still file for divorce in Texas if Texas remains their "domicile" (i.e. permanent home to which they intend to return). Click here to access that blog post. The fact that a public...
Texas Domiciliary Absent on Public Service May Still File for Divorce in Texas
To maintain a suit for divorce in Texas, one of the parties must be living in Texas for six months and the county of filing for 90 days prior to filing the suit. Sometimes that's not possible for military members and other Federal employees who are absent on public service. All...