Killeen Military Divorce Attorney
We Serve Divorcing Military Couples in Killeen & Throughout Texas
Call the Law Office of Brett H. Pritchard today if you are getting divorced and either you, your spouse, or both are currently or have been part of the United States Armed Forces.
We understand the unique challenges military couples face when dividing property, creating parenting agreements, and addressing complex matters such as benefits and retirement funds. Allow us to simplify your divorce by providing wise counsel and guidance from the very beginning.
Call (254) 220-4225 today to speak to a Killeen military divorce lawyer.
Grateful my case is being handled by the best lawyers in Killeen.Danishka M.
Unique Challenges of Military Divorce in Killeen, TX
Divorce can be a complex and emotionally challenging process, especially for military couples. Military divorce laws differ from civilian divorce laws and can impact various aspects of the divorce proceedings, such as asset division, child custody, and spousal support.
Some key aspects of military divorce include:
Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) protects spouses in active military service from court proceedings and civil actions, including divorce. This doesn’t mean you cannot file for divorce against a spouse who is on active duty, but it does mean your efforts to dissolve the marriage will likely be halted until their return or 90 days thereafter. You will likely be unable to proceed with your divorce until your spouse is able to appear in court.
Establishing Residency in Texas
Moving from state to state may pose a challenge for military couples who wish to divorce. Divorce laws vary by state, and a local court must have official jurisdiction before it can hear a family law case or allow two people to dissolve a marriage, which usually means that divorce must be filed in the locale where the filing spouse resides. However, residency requirements can sometimes be waived for military couples in which the filing spouse is not a legal resident of that state.
Alimony & Child Support in Military Divorces
Active duty, deployment, and other aspects of military service pose financial challenges for servicemembers, their children, and ex-spouses. Though the paying spouse may be away for long periods of time or unable to communicate with children and former spouses, spousal maintenance and child support payments can be ensured through wage garnishment, voluntary payment, official court order, and other means, if necessary.
Military Benefits & Pensions
Matters of military benefits are usually the most complex and confusing for divorcing couples, especially those who have been married for more than 10 years. The 10/10 rule dictates that spouses who have been married for at least 10 years of one spouse’s military service may be eligible to receive a share of their spouse’s military retirement benefits after divorce. State laws often dictate exactly how much pension a former military spouse may receive.
Spouse who have been married for more than 20 years of their partner’s military service may be eligible to receive full medical benefits and maintain exchange privileges and commissary access.
Helping You Understand Military Divorce Laws
Our experienced attorneys at the Law Office of Brett H. Pritchard have a deep understanding of military divorce laws and can provide guidance and support throughout the legal process. We are committed to helping military couples in Killeen and throughout Texas navigate the unique challenges of divorce in the military.
Whether you are an active-duty service member or a military spouse, our team is here to protect your rights and advocate for your best interests during this difficult time. today to schedule a consultation.
Killeen Divorce Attorney
What Are the Most Common Mistakes People Make When Getting a Military Divorce?
Navigating a military divorce can be challenging, and many individuals inadvertently make mistakes that can complicate the process. Here are some of the most common pitfalls to avoid:
Not Understanding Military Benefits
One of the biggest mistakes is failing to fully comprehend the implications of military benefits and pensions. Many divorcing couples are unaware of how service-related benefits can affect their financial settlement. Knowledge of the 10/10 rule and how state laws dictate the division of retirement benefits is crucial to ensuring a fair outcome.
Ignoring the Importance of Legal Representation
Military divorce laws can be intricate and differ significantly from civilian divorce laws. Trying to navigate the process without the assistance of an experienced attorney can lead to oversights in paperwork, deadlines, and rights. Seek professional guidance to prevent costly errors.
Making Assumptions About Child Custody
Assuming that military service will automatically impact child custody arrangements can be misleading. Courts prioritize the best interests of the child, and military parents often have equal opportunities to gain custody or visitation rights. Failing to address this matter thoughtfully may lead to unfair parenting plans.
Underestimating the Impact of Deployment
Many spouses do not consider how deployment can affect divorce proceedings. The Servicemembers Civil Relief Act provides protections, but these can also create delays in the process. Addressing these issues early on can help mitigate potential complications.
Not Keeping Detailed Records
Documentation is essential in any divorce, especially in military cases that may involve complex financial situations. Failing to maintain accurate records of assets, income, and expenses can lead to disputes later. Keep thorough and organized financial documentation throughout the divorce process.
By being aware of these common mistakes, individuals can better prepare themselves and seek appropriate advice to ensure a smoother divorce experience.
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Don’t Call Just Any Divorce Lawyer
Not all divorce attorneys are equipped to handle the complexities and unique difficulties that military divorce presents—but we are.
When you call the Law Office of Brett H. Pritchard, you will have access to our in-depth knowledge and experience handling military divorce and family law cases. Our Killeen military divorce attorneys may be able to represent you during this challenging time. Connect with a member of our team as soon as possible and allow us to protect your best interests throughout the divorce process.
We're here to help you. Send us a message to schedule your consultation with a Killeen military divorce lawyer and learn more about our experience handling military divorce cases.