Military families going through divorce often want to know what legal help the military can provide. The JAG office can be a starting point for general guidance on divorce and custody questions. But state law and local court requirements still play a major role, which is why outside counsel is often recommended.
In the video, Atty. Heather Ogier and Atty. Tina Campbell of Turner-Monahan PLLC explain why JAG support often stops at basic guidance and why court-specific advice matters. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Military Legal Support And Why Outside Counsel Is Often Recommended
In many cases, the military does provide legal support in divorce cases. Yes, they do. There is a unit at every military base. There is a Judge Advocate General (JAG) officer, and usually one of them specializes in the family law division, handling custody and related matters. This can be a starting point for military members who have questions while going through a divorce.
However, they often recommend seeking outside counsel because that JAG officer, who is an attorney and also military personnel, may not be familiar with the particular court they are in, and certainly not with the judges. So while they can give basic legal advice. We have not had a divorce or custody case in which the military JAG officer actually represented the military personnel in the proceedings.
What JAG Can Help With, And Where It May Not Be Enough
Military members can go to a JAG office to get basic information, but JAG officers are not necessarily licensed in the particular state where they are deployed at that particular moment. So that particular officer may not be well-versed in Texas law, and they will give the basics.
That is why the military member would absolutely need to seek local counsel in order to get more specific advice on how things would go. Getting local guidance helps connect the basic information to the real court process, including what to expect in that county and what the court will actually require.
What Can Get Complicated When A Service Member Is Not Local
When a military member is stationed somewhere else, the case can still move forward in Texas, and deadlines can still apply. Hearings may be set on short notice, paperwork still has to be filed correctly, and both parties still have to follow court orders. The more distance there is, the more important it becomes to have a clear plan for communication, documents, and court appearances.
What Helps Before Duty Orders Or A Move Happens
A few steps can make the process smoother when duty schedules change. First, keep copies of key documents in one place, including any court orders, the current parenting schedule, and duty orders. Second, keep contact information updated so notices and settings are not missed. Third, plan ahead for how the parent-child time will work during training, temporary duty, or deployment, so there is less conflict when a schedule suddenly changes.
Financial Details That Matter In A Military Divorce
Military pay can include more than base pay, and it can change depending on duty location and assignments. That is why it helps to gather recent LES records and any paperwork showing allowances, special pay, and changes in duty status. When numbers change, support discussions can become harder, so it helps to address those changes early and put clear terms in writing.
What Does the Texas Family Code Say?
Residency And Where A Divorce Can Be Filed In Texas
Texas has residency rules for filing a divorce. Under Texas Family Code Section 6.301, a divorce may not be maintained unless, at the time the suit is filed, either the petitioner or the respondent has been a domiciliary of Texas for the preceding six-month period and a resident of the county of filing for the preceding 90-day period.
Custody Jurisdiction When More Than One State Is Involved
When parents live in different states, or the child has lived in more than one place, jurisdiction can become a real issue. Texas Family Code Section 152.201 explains when a Texas court has jurisdiction to make an initial child custody determination, including the home state concept. This can matter a lot for military families because moves and reassignments can happen during a case.
Temporary Orders And Custody Issues During Military Deployment Or Temporary Duty
Texas has a set of rules for custody and visitation issues tied to military deployment, mobilization, or temporary military duty. Texas Family Code Section 153.702 allows the court to render temporary orders in this area, and related sections address how a designated person may be appointed in certain situations and how visitation can be handled during the service member’s absence.
Texas Family Code Section 153.707 addresses expedited hearings in these situations and allows, for good cause and proper notice, testimony and evidence by electronic means in certain cases.
After the military duty ends, Texas Family Code Section 153.709 covers additional periods of possession or access that may be awarded to help make up for missed time under terms the court considers reasonable.
Child Support And How Income Is Looked At
Texas Family Code Section 154.062 explains how courts calculate net resources for child support purposes. For military families, this matters because pay and allowances can affect the numbers used in the support calculation.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Military families going through divorce often need a plan that fits both duty requirements and the real court process in Texas. Clear court orders and clear parenting terms can reduce stress when schedules shift. For advice that fits the exact county and facts, consult with a Texas family law attorney who can review the situation and give specific guidance.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions such as “How is Child Support Determined in Texas.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics related to the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
