Alamo Towers West, 901 NE Loop 410,
Suite 800,
San Antonio, TX 78209
Veteran Mother Comes Home

Federal Civil Service Divorce

Tuesday, September 20, 2016

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,


Read more . . .


Monday, September 12, 2016

Federal Employee Retirement System (FERS) Divorce: Former Spouse Survivor Annity (FSSA) Qualification


In a Federal Employees Retirement System (FERS) divorce, the former spouse’s share of the Employee’s annuity stops on the death of the Employee.  Award of a

Read more . . .


Monday, June 6, 2016

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 blog, you might want to glance at the first blog by clicking Read more . . .


Monday, May 23, 2016

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 be served with legal notice by "citation by publication."  Citation by publication involves posting the legal notice involving the petition for divorce in a local newspaper.


Read more . . .


Tuesday, May 10, 2016

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.


Read more . . .


Saturday, April 30, 2016

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 authorities.  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 to direct the ex-spouse / former Agent to surrender the now defunct Statutory Durable Power of Attorney.  The principal might also wish to take certain actions to notify financial institutions and other important entities of the termination of the Agent's authority to act since these institutions are not liable to the principal unless they have "actual knowledge" of the Agent's termination.

Speak with a qualified divorce / family law and estate planning attorney for further information on this and related topics.


Read more . . .


Tuesday, April 12, 2016

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:

  1. The military member's spouse has children from a previous marriage or relationship (i.e. the military member now has stepchildren).
  2. The spouse never got a court order that gave him or her the following

Read more . . .


Sunday, March 13, 2016

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 Family Code Section 6.409, Citation by Publication in a divorce suit with no children an no appreciable property occurs by posting notice on the courthouse door for a minimum of seven days.  If the missing spouse does not file an answer in response to the notice (which rarely occurs), the court normally must appoint an attorney (called an "attorney ad litem") to represent the interests of the missing spouse.  If, however, the spouse petitioning the court for divorce, or his or her attorney, files an additional affidavit under oath with the court stating that there are no minor children and no appreciable property, the court may dispense with the appointment of an attorney ad litem.  This helps save significant time and cost for the spouse/petitioner.

As in every other divorce, the court cannot grant the divorce until a minimum of 60 days have elapsed since the filing of the original petition.  Other requirements may apply depending on the specific facts of your situation.  Speak with a qualified divorce attorney to see if this quick and convenient route might be available to you.

Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC.  The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world.  The firms also provides Wills and Estates and Probate services.

 


Wednesday, February 10, 2016

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 now existing or after-acquired property as a spouse's separate property;
  • Transfer the separate property of one spouse to become the separate property of the other spouse; and,
  • Provide that each spouse's future income from his or her separate property remains that spouse's separate property (i.e. the normal rule is that income from separate property is community property; this provision alters that rule).

A Partition and Exchange Agreement contains requirements and features as follows:

  • It must be in writing;
  • It must be signed by the parties voluntarily after fair and reasonable disclosure of each spouse's assets and debts (or waiver of any such disclosure);
  • It is enforceable without "consideration" (i.e. consideration is a term from contract law that means a party to a contract must give something of value to the other party that induces that party to enter into the contract; the consideration given may be money, property, or a promise of performance, for example);
  • It cannot be used as a vehicle to defraud creditors; any such provision in a Partition and Exchange Agreement that attempts to defraud a creditor is void;
  • It does not require the Court's approval to be valid and enforceable.

The reasons why spouses might consider entering into a Partition and Exchange Agreement are many and varied.  In my next blog, we'll look at one particular scenario that applies to a military family thinking about divorce

Speak with a qualified family law attorney to learn more about your unique circumstances may or may not benefit from a Partition and Exchange Agreement.

Author Jim Cramp is a retired active duty colonel and founder and principal attorney at the Cramp Law Firm, PLLC, serving clients in throughout the greater San Antonio region, across the United States, and globally.  The firm's main areas of practice include Family Law, Military Divorce, Federal Civil Service Divorce, Wills and Estates, and Probate.

 


Wednesday, January 20, 2016

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 time after which a Court must dismiss a case for "want of prosecution" (i.e. dismiss a case based on a prolonged period of inactivity).   As a general rule, a case that demonstrates no activity in roughly a year's time becomes a prime candidates for placement on the "dismissal docket."

Texas Rule of Civil Procedure 165a give the Court authority to place cases on the dismissal docket for want of prosecution.  The rule requires that notice of placement on the dismissal docket and the time and place for the dismissal hearing must be given to each attorney and party whose address is in the Court's records.  If no appearance is made at the hearing, the case will be dismissed.  If an appearance is made and a valid reason is presented for retaining the case, then the Court will enter an order setting deadlines by which all case activity must be completed (e.g. finishing discovery; filing of additional pleading; and scheduling of final trial).

When a case is dismissed, it's flushed from the Court's system.  The case doesn't exist anymore.  If the parties later decided to proceed with the divorce, they'd have to start all over again, unless a Motion for Reinstatement is filed within 30 days of dismissal (and successfully argued).  If retained on the docket, the parties and attorneys need to get moving and meet the deadlines set by the Court for finishing the case.

In my next blog, we'll look at the steps the parties can take if they decide to dismiss the case by their own initiative.

Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC.  The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world.  The firms also provides Wills and Estates and Probate services.

 


Sunday, January 10, 2016

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 to end the divorce, how do we do that?  This blog will deal only with the first question: what, if any, official requirements exist to put a divorce case on pause.  The second and third questions will be dealt with separately in my next two blogs.

Regarding the first question, while there are no official requirements for putting a case on pause, my preferred technique is for the two attorneys to file a "Rule 11 Agreement" that agrees to suspend the litigation, pending further notice.  Texas Rule of Civil Procedure 11 specifies that for any agreement between the parties or attorney to be enforceable by the Court, it must be in writing and filed with the Court (hence, the term "Rule 11 Agreement").  In general, the agreement should state the following:

  • That the parties wish to to suspend all litigation activities to provide for a period of time for attempted reconciliation;
  • That during the period of suspension, any pending discovery requests are abated (i.e. on hold, with deadlines to be reestablished if the suspension is later lifted), and neither party will initiate any new discovery requests or make settings for further hearings or final trial;
  • That either party may terminate the suspension of litigation and resume the case upon written notice to the other party, by and through the other party's attorney of record; and,
  • That the Rule 11 Agreement for Suspension of Litigation and an Notice of Termination of Suspension of Litigation shall be filed with the Court.

From a practical perspective, any attempt at reconciliation should be given about 4 to 6 months before the parties decide whether to terminate the divorce.  The 4 to 6 month period is a prudent time frame because a commitment to attempt reconciliation is like falling in love all over again.  It tends to promote a burst of commitment to more kindness and better behavior.  However, and since we humans tend to be creatures of habit, most people tend to slip into old habit patterns somewhere within the 4 to 6 month time period (+/-).  In other words, while long-term positive change in marital behavior is possible, it tends to be difficult to achieve.  Thus, 4 to 6 months is a prudent benchmark for the parties to test if the change each seeks in the marriage has "sticking power."   

 My next blog will address the second question, being how long a divorce case can be on pause.  Stay tuned.

Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC.  The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world.  The firms also provides Wills and Estates and Probate services.

 


Archived Posts

2021
2020
2019
2018
2017
November
October
September
July
June
May
April
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
November
October
September
August
July
June
May
April
March
February
January
2013




© 2021 Cramp Law Firm, PLLC | Disclaimer
Alamo Towers West, 901 NE Loop 410, Suite 800, San Antonio, TX 78209
| Phone: 210-762-4502

Practice Areas | Principles | Fees & Discounts | Attorney Bio

FacebookGoogle+TwitterLinked-In CompanyYouTube

Law Firm Website Design by
Zola Creative


×