A Petition for Writ of Habeas Corpus provides the means to compel return of a child when the other parent is in wrongful possession. The petition can be filed in the court of continuing exclusive jurisdiction (e.g. the court that rendered the last final order affecting the child) or in a court in the...
Divorce and Title to Real Property Located Outside Texas
Some couples getting divorced in Texas, such as military or Federal civil service families, own real property outside of Texas. This begs the question of whether a Texas divorce decree can dispose of real property located outside of Texas when dividing the marital estate. The answer is, yes, as long as...
Geographic Restriction: Limiting the Child’s Residence in Divorce Cases
Courts routinely impose a geographic restriction at the temporary orders hearing in divorce cases that involve minor children. The restriction normally limits the child's residence to the current county of residence plus contiguous counties ("contiguous" means the surrounding counties whose borders touch the current county of residence). So, for example, a geographic...
Mediation in Divorce Proceedings
Courts routinely order that the parties attempt to resolve their divorce by mediation prior to scheduling a contested final trial. One reason courts favor mediation is to help keep the judicial system functioning. The system would be broken if every case had to go to final trial. There aren't enough judges and courtrooms...
Military Divorce: Myth #5, TRICARE Coverage Can Be Ordered by the Court
In this installment of military divorce myths, we'll look at the belief that a court can order the servicemember to provide TRICARE coverage for a former spouse. False.
There is nothing a court can do to create or deny TRICARE coverage for a former spouse. Whether a former spouse qualifies for TRICARE coverage is...
Military Divorce: Myth #4, Suvivor Benefit Plan (SBP) and Former Spouse SBP are the Same Thing
In this installment of "military divorce myths," we'll look at the belief that, if the servicemember already had elected Survivor Benefit Plan (SBP) coverage for the spouse at time of retirement, coverage for a former spouse continues automatically after divorce . False.
SBP and Former Spouse SBP are not the same thing. They are...
Military Divorce: Myth #3, Federal Law Determines a Former Spouse’s Share of Military Retired Pay
In this installment of "military divorce myths," we'll look at the belief that Federal law dictates how much of the Servicemember's military retired pay a Former Spouse gets in divorce. In other words, it doesn't matter what State a military divorce occurs in. The outcome always is the same. False.
This misconception arises from...
Military Divorce: Myth #2, “Remarriage Terminates Former Spouse Retired Pay”
In this installment of "military divorce myths," we'll look at the belief that "a former spouse's share of military retired pay stops on remarriage." False.
This misconception arises from a blurring of the rules affecting Former Spouse Survivor Benefit Plan (SBP) awards. More on that in a moment. For now, a former spouse's share of...
Military Divorce: Myth #1, “Marriage Must Have Lasted 10 Years”
This is the first in a series of blogs that will explore common myths in military divorce. In this installment, we'll look at the widely-held belief that "the marriage must have lasted at least 10 years before a former spouse can get a share of the servicemember's retired pay." False.
This myth stems from...
Military Divorce: A Look at the Military Retiree Population
A Dep't of Defense (DOD) statistical report on the military retirement system provides a good look at the composition of the military retiree population. There are slightly more than 2 million military retirees. Texas leads the nation with the largest military retiree population of 197,880, or nearly 1 of every 10 retirees. The...