Navigating a military divorce can be a complex and overwhelming experience, often raising numerous military divorce questions. This article aims to clarify the process, offering clear answers to common concerns. Whether you’re dealing with legal intricacies or addressing the unique circumstances of military life, we provide the essential information you need to confidently navigate this challenging transition.
How Much Can You Expect to Pay in Attorney’s Fees for Your Divorce in Texas?
When consulting with an attorney, a crucial question is about their fees. Many offices, like ours, provide a sample contract outlining the financial details, including hourly rates for all staff, including attorneys. It’s vital to leave the meeting with a clear understanding of the upfront costs and how charges apply after the initial retainer.
Divorce costs vary, especially with complex issues like children or property. No attorney can precisely predict total fees, but more complex cases often cost more. Be wary of attorneys offering flat fees; this could mean minimal effort on your case, potentially leading to insufficient representation.
During consultations, your role is to interview the attorney. Their task is to educate you about the process, your rights, and to assist in problem-solving your case. If an attorney seems more sales-oriented than informative, they might not be the right fit. Always ask questions to ensure you fully grasp the information provided.
What Are the Issues That Arise in Military Divorces That You Need to Be Aware Of?
In military divorces, spousal maintenance, also known as alimony, is a critical aspect. It’s a financial support paid by one spouse to another, typically required when the primary earner’s spouse needs financial assistance post-divorce. However, a minimum of ten years of marriage is usually necessary for spousal maintenance to be mandated.
Property division also presents significant challenges. In community property states like Texas, most assets acquired during the marriage are subject to division. However, proving certain assets as separate property is possible, albeit challenging, and requires substantial evidence.
Settling these matters often happens through negotiations or mediation. But in cases involving complex assets like real estate or significant funds in various accounts, a trial might be necessary, leaving the decision in the hands of a judge.
How Will the Divorce Process Actually Begin for You and Your Spouse?
Texas law requires that you be a resident of the state for the six months preceding the divorce being filed in addition to being a resident of the county in which your divorce was filed for the prior three-month period. Keep in mind that as a member of the military you do not actually have to wake up every morning in Harris County in order to assert that you are domiciled in Harris County.
Your case may be complicated by the fact that while you are domiciled in Harris County, your children may be living with your spouse in another Texas county or even in another state. If this applies to you then you need to speak to an attorney about where you are best off filing your divorce. The fact of the matter is that while the court in Harris County may have jurisdiction over your and your spouse’s property issues they will not be able to render orders regarding your children if they are not Harris County residents.
Once your divorce petition is filed in the correct county, the paperwork will be processed by the court’s clerk, assigned to a judge and prepared for service. A private process server or law enforcement officer hired by your attorney will pick up the paperwork and serve it upon your spouse. Your spouse has until 10:00 a.m, on the first Monday following the expiration of twenty days from the day she is served to file an Answer to your Petition.
Your case can proceed to a trial or can settle in mediation. The vast majority of cases that our office works on end up settling in mediation but your particular circumstances may make that more or less likely.
How Can You Best Prepare for a Divorce?
Being overseas adds complexity to preparing for a military divorce. Without direct access to physical documents like bank and retirement account statements, your strategy must adapt. Initially, secure your personal information. Change passwords for private emails and consider a separate bank account for your paychecks.
However, remember your responsibilities, especially if you have children. Ensure your spouse has enough funds for essentials like rent and groceries. Additionally, your military branch may have specific family support requirements. Consult legal assistance programs for guidance.
Focus on accessing electronic documents for your attorney when possible, and prioritize protecting your income and personal information.
In conclusion, addressing military divorce questions is crucial to understanding the unique challenges that come with separating from a service member. By staying informed about the specific legal considerations and the impact of military life on divorce proceedings, you can make well-informed decisions. With the right resources and professional guidance, you can successfully navigate the complexities of a military divorce and ensure a fair and smooth resolution.
The Law Office of Bryan Fagan, PLLC
The attorneys and staff with the Law Office of Bryan Fagan, PLLC have more information to provide regarding military divorces. In the meantime, if you have any questions for us please do not hesitate to contact our office. We provide free-of-charge consultations with our licensed family law attorneys six days a week.
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Other Articles you may be interested in:
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- More Questions and Answers Regarding Your Military Divorce
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- How to Divorce a Spouse in the Military
- Texas Divorce – Serving Military Personnel or their Spouse Worldwide
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- Roadmap of Basic Divorce Procedure in Texas
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- Should I Hide Money from my Spouse to Get Ready for my Texas Divorce?
Law Office of Bryan Fagan, PLLC | Houston Texas Military Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with a Houston Texas military Divorce Lawyer right away to protect your rights.
A military divorce lawyer in Houston TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
