Understanding military alimony laws requires a grasp of both Texas State divorce laws and the unique regulations governing military divorces. Each branch of the military may have its own specific rules that impact divorce proceedings. Navigating these complex factors can be challenging, but knowing the intricacies of military alimony laws and how they apply to your situation is essential.
This is one of the two most important reasons for having an attorney to help guide you during this process. Never underestimate the importance of hiring a lawyer experienced not just in divorces, but specifically in military divorces. You can read through our blog here on the website for the Law Office of Bryan Fagan to learn about the experiences we have had serving those just like you who have served our nation.
The benefit of having an attorney was asking that attorney questions and receiving feedback regarding your case specifically. Unfortunately, divorce is all too common in the military. Fellow military members and their families may have shared their experiences with handling divorces. You may have a somewhat jaded perspective on divorce, given what other people have told you about their experiences in their lives. For that reason, while that person may have been well-meaning, I have tried to do something good for you. As a result, you might become worried or upset about issues that aren’t even relevant to your divorce.
Navigating Military Divorce Costs and Remote Proceedings
Military members and civilians alike are most concerned about the cost and time to make it necessary for your divorce. If you’re living outside Texas but not deployed, you may need to manage your divorce remotely. If you’re deployed overseas and your spouse files for divorce in Texas, your attorney can explain how the Servicemembers Civil Relief Act protects you by halting the divorce process while you’re on deployment. This is an excellent advantage for you, given that it would be nearly impossible for you to go on with the divorce while on deployment simultaneously.
As far as the costs of a military divorce are concerned, they can vary depending on the specific circumstances of your case. Generally speaking, the more complicated your divorce and the more contentious it becomes, the more expensive your lawsuit will be. On the other hand, a simple divorce or a divorce where you and your spouse can negotiate through most issues typically means a shorter and less expensive case. In either case, you will need to pay a retainer to your attorney as an initial down payment for their services. Following that, you will make monthly payments to cover the duration of your case. Some circumstances require that you pay a second retainer at the end of your issue if your divorce goes to a trial.
Benefits of Having an Attorney in Military Divorce Cases
These are just some of the practical advantages of having an attorney representing you in your divorce. This is also not an exhaustive list that contains every gift I can think of that other attorney would provide you with a period; however, in a military divorce where time is money, and you cannot afford to mess around, having an attorney also ensures that you will take advantage of every opportunity presented to you when it comes to resolving the issues of your case fairly and amicably. We can’t choose every circumstance in our divorce, but we can decide to work with an experienced family law attorney such as those with the Law Office of Bryan Fagan. Our lawyers are honored to support you and your family through any divorce or child custody situation you face.
What degree of spousal support could you or your spouse be entitled to?
Divorces have both short-term and long-term impacts on families when it comes to their finances. For one, a divorce may thrust you or your spouse back into the workforce for the first time in a long time or possibly even for the first time. Consider the situation where your spouse, a stay-at-home mother throughout your marriage, is now required to re-enter the workforce due to the divorce.
Not only can this be stressful for her, but it may also be stressful for you, considering the extent to which you may be responsible for her immediate needs from a financial perspective. Indeed, you do not want to leave her in the cold and especially do not want to leave your children hanging out to dry period; however, you also have a limited budget and needs of your own. How can the needs of your family be met while simultaneously considering your own needs as an individual?
Every state in the United States, including Texas, has some log on the books regarding spousal maintenance or alimony. Attractive Lee, Texas was the last state in the country to pass laws regarding special care. With that in mind, quarts in Texas are not overly generous or aggressive in handing out spousal maintenance awards after a divorce trial. That doesn’t mean that your spouse can’t when spousal maintenance in a trial setting, but it is not incredibly likely. This is due in no small part to the fact that most divorces in Texas settle before trial rather than going all the way 2A trial scenario. More than likely, your problem will never come in your case. I will instead settle in mediation.
Understanding the Purpose of Alimony and Spousal Support
Alimony or spousal maintenance exists to prevent either spouse from facing financial hardship after a divorce. Divorce often marks a major life change, shifting from two incomes to one, which can result in a significant decrease in your financial resources. As a result, you may face a significant lifestyle change and find it challenging to maintain your previous standard of living.
Spousal support and contractual alimony aim to ensure you can cover your essential financial needs and maintain a basic standard of living. That is the true purpose of spousal maintenance and contractual alimony. Namely, to help you meet your minimal basic needs in terms of day-to-day life. Forget the movie scenes where a spouse receives excessive support to maintain a luxurious lifestyle.
Rather, spousal maintenance and contractual alimony are intended only to pay you enough animal needs to examine it. It is only in extreme circumstances involving wealth beyond what most of us can even imagine that courts will get into lifestyle maintenance and things of that nature. For our purposes, we need to consider spousal support to allow you to live life modestly and essentially rather than thinking about it as maintaining a particular lifestyle.
Clarifying Misconceptions About Spousal Maintenance and Adultery
Another concern that I have seen from families is that spousal maintenance or contractual alimony acts as a deterrent for punishment for you or your spouse who has had an affair. While adultery may influence aspects of your divorce, awarding or paying spousal maintenance is not a punishment or reward for infidelity. Instead, spousal maintenance is granted based on necessity and aims to address financial needs, regardless of the reasons for the divorce. Do not assume that because your spouse cheated on you that you will automatically receive care. Instead, you should look at the financial circumstances of your case and make intelligent guesses based on those circumstances above all else.
Another factor to consider is that the spousal maintenance you receive they only be temporary. This means that you may receive spousal support only for the duration of your divorce. Alternatively, you might receive temporary spousal maintenance after your divorce, which could last only a few years. This support serves as a bridge for you to re-enter the workforce, complete your education, or obtain certification to become self-sufficient. In Texas, spousal maintenance serves as temporary assistance rather than a permanent financial windfall, unless you or your child have significant physical or mental impairments.
Do You Need an Attorney for a Divorce in Texas?
This is a pretty common question that we are asked frequently. Going through a divorce is an unpleasant subject, all things being equal. With that said, many people do not want to bother with hiring an attorney to assist them in their divorce case. This could be for several reasons, foremost among them being cost. The thought is that attorneys cost too much money, and they are not worth what you have to pay to hire one. The question remains do you need to hire an attorney while getting a divorce?
The answer to that question is no. There is no requirement in the Texas family code for you to have an attorney. People get divorced without lawyers in Texas every day. However, there are some factors that you need to be aware of before taking the plunge into divorce without a lawyer. Let’s walk through these issues to gain a better insight into whether or not having an attorney is worth it for you and your family.
The first factor is one that many people are unaware of as they begin to consider the costs and benefits of having a lawyer. But, having an attorney can significantly speed up your divorce in terms of the time necessary to complete the case. For one, you must follow specific processes and procedures to complete a divorce. In this way, a divorce is not dissimilar from anything else we do in life.
The Benefits of Hiring an Attorney for Your Divorce
You follow the rules, meet deadlines, file documents correctly, and generally know what you’re doing. Having an attorney provides you with someone who has been through this process before. An attorney knows how to navigate all the rules and meet the deadlines in your case. Failing to meet deadlines frequently means you will have to correct mistakes you made previously, which can end up costing you both time and money.
For instance, I’ve seen parties representing themselves reach the end of their divorce only to have a judge refuse to finalize their case until a lawyer reviews their paperwork. The court often directs these individuals to the county law library or court staff who can help ensure their documents are in order. Or, the court may have attorneys on staff at the courthouse who can perform this action.
Either way, it can be highly frustrating to have followed the same rules as parties with an attorney only to find that a court requires you to perform an extra step of diligence. Judges often run into issues with parties who don’t have lawyers making mistakes in drafting paperwork. As a result, it is better to ensure that you don’t have to follow this step if you want the simple divorce that almost everyone desires.
Why Hiring an Attorney Can Lead to Better Divorce Outcomes
The other factor that you need to consider is that all things being equal, an attorney allows you a chance to when a better result in your case than not having an attorney. Attorneys help you to negotiate better and prepare better for trial. Think of hiring an attorney as you would getting your car serviced or having your teeth cleaned. These are not tasks that you would perform on your own. Almost none of us change our oil anymore or even perform essential maintenance on our vehicles.
Instead, we trust a professional in this regard because although it costs money to hire these folks to perform these services, the idea is that the results we can get from a professional in any of these areas are more significant than the results we could get performing the task ourselves. If we apply this logic to something as routine as changing the motor oil on our vehicles, why wouldn’t we think about hiring an attorney in the same way?
However, there are circumstances in which not hiring a lawyer for divorce is not the worst thing in the world. However, you need to examine the issues of your case and decide whether or not hiring a lawyer is suitable for you and your family. A divorce with no children and minimal property to divide is one of the few situations where considering not hiring a lawyer might be feasible.
When to Consider Skipping an Attorney in a Simple Divorce
It would even give me the idea to consider not hiring an attorney when you have a divorce that has no children and very little property because less is at stake in the case. Case this means that if you make a mistake and have to repeat steps in your divorce or otherwise are not that committed to the point, then the chances of suffering a great deal of harm both for you and your family is minimal. In contrast, a divorce involving children and significant property can lead to substantial consequences if mistakes occur.
In conclusion, grasping military alimony laws is crucial for anyone navigating a military divorce in Texas. Understanding how these laws intersect with both state regulations and branch-specific rules can significantly impact the outcome of your case. Although the process may seem daunting, understanding your rights and obligations under military alimony laws will help you make informed decisions and ensure fair treatment. Consulting with a knowledgeable attorney who specializes in military divorces can provide the guidance needed to effectively manage this complex area of law.
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Other Articles you may be interested in:
- Are There Any Loopholes to Avoid Paying Alimony in a Texas Divorce?
- How Long Do You Have To Be Married in the Military to Get Alimony?
- An Attorney Can Help Get You Alimony From Your Military Spouse
- Can my ex get half of my VA disability? (and other military divorce questions)
- Which military branch has the highest divorce rate?
- Do military couples marry faster than other couples?
- Are military spouses unfaithful?
- How do you choose the right state for a military divorce?
- Does the military pay for the divorce?
- Navigating the Post 9/11 GI Bill and Educational Benefits Post Military Divorce
- What is the “10/10” rule in the military?
- Does my ex get half my military retirement?
- Does the military provide divorce lawyers?
- How is Texas Divorce Different for Service Members in the Military?
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.
