Divorce and the Military
As a retiree of the US Air Force and having gone through divorce (twice!) as an active-duty member, there is a lot of “legal stuff” to impart in this article. However, there is much more important considerations that has nothing to do with the law and by being concerned about these non-legal issues, military members going through divorce will act in their own best interests regarding divorce.
Children. It is not their fault parents are divorcing and they ought never to feel they have any control over parents’ behaviors. They need help to process divorce and the best help comes from therapists who deal specifically with children in divorce. This writer believes much of the ills of current society can be directly attributed to adults who were children of divorce. It is important to focus on the children and do what is best for THEM in divorce, and not what might be best for the parents. Family Court cares about the children before they care about the parents. Parents who act in their children’s best interests will find their own best interests are also covered.
Child support. Parents who do not think of the children’s futures with regard to child support are generally not acting in the children’s best interests. If not used immediately to care for the children, put the money in a 529 account for the children’s college education or place it in a savings account, long-term CD, etc. for the children’s future needs. Teenagers are expensive and children of divorce should be able to go to college, buy the prom dress, rent the tux, take a date to dinner, etc. Child support is for the CHILDREN’s best interest.
Marital Property. In the State of Texas, the default position is all property acquired after the marriage date is marital property and all property acquired before marriage is separate property, subject to liabilities that may exist with the property. There are some exceptions (inheritance, pre- and post-nuptial agreements, fault in divorce, etc.), but generally, the court will liquidate and divide the property in half, after the liabilities are paid. It behooves the marital couple to work out who may keep what property because in most cases, liquidation of marital properties in retirement accounts, pensions, and/or real property, etc. may be more expensive to the marital estate. Don’t “cut off your nose to spite your face,” cooperation will save both married people in attorney fees; in tax liability; in preserving property; etc.
O’Connell West supports military members and Veterans in divorce and subsequent cases after divorce. Let us know how we can support you!
Lieutenant Colonel (Ret) Trinh Warner is an Attorney in the San Antonio office of O’Connell West, PLLC. If you need a free legal consultation regarding a legal issue, call 512-547-7265.