The collaborative divorce model is an alternative to traditional “contested litigation” in that it is based on resolving a divorce using open discussion and cooperation in a private environment. The Collaborative Family Law Act is specified in Chapter 15 of the Texas Family Code. In collaborative divorce, each party is represented by...
Category: Federal Civil Service Divorce
Military and Federal Civil Service Pay Raises for 2017
Pay raises for military and Federal civil service families will be modest in 2017.
Active duty members will receive a 1.6% pay increase, while military retirees will only see a 0.3% increase.
Federal civil servicemember will receive a 1% across the board pay increase with an additional 0.6% increase in locality pay. Federal retirees, like...
How Long is the Divorce Process?
If you are seeking a divorce in Texas and you satisfy the residency requirements (i.e., lived in Texas for at least 6 months and the county in which you intend to file for at least 90 days), there is a mandatory 60-day waiting period from the date the divorce petition is filed until...
Federal Employee Retirement System (FERS) Divorce: Basic Employee Death Benefit
In our previous blog about Federal Civil Service Divorce, we discussed that the Employee must have at least 10 years of creditable service before a Former Spouse qualifies in divorce for award of a Former Spouse Survivor Annuity (FSSA). To read that blog, click here.
When a Former Spouse does not qualify for...
Federal Employee Retirement System (FERS) Divorce: Former Spouse Survivor Annity (FSSA) Qualification
Part 2 – Completing a Divorce When the Other Spouse’s Whereabouts Are Unknown
This is the second in a two-part blog. This second blog focuses on the two tracks available for finishing a divorce when: (1) the other spouse's whereabouts are unknown; (2) the other spouse has been served by "Citation by Publication"; and, (3) the other spouse failed to file an answer or other responsive pleading. Before reading this...
Completing a Divorce When the Other Spouse’s Whereabouts are Unknown
The law requires that the spouse you are suing for divorce (i.e. the Respondent) be served with a copy of the divorce petition and afforded an opportunity to respond. How can you meet that requirement when the whereabouts of the other spouse are unknown?
In these situations, the law permits the other spouse to...
Unmarried Cohabitants and an Entitlement to Spousal Maintenance (Not!)
Occasionally I get asked whether a partner from a long-time cohabitation relationship can ever qualify for court-ordered "spousal" maintenance? The answer is, "no." Section 8.061 of the Family Code makes clear that "an order for maintenance is not authorized between unmarried cohabitants under any circumstances." [emphasis added]
You may next wonder whether...
Divorce and Ex-Spouse’s Authority Under Statutory Durable Power of Attorney
If you appointed your spouse as your Agent under a Statutory Durable Power of Attorney, divorce terminates your now ex-spouse's authority to act. The only exception is where the Statutory Durable Power of Attorney expressly provides otherwise.
While termination of the ex-spouse's authority occurs "by operation of law," it is prudent for the principal...
Military Blended-Families: Overseas Assignment and Command Sponsorship of Stepchildren
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...