512.887.1996 512.887.1996

Georgetown Military Divorce Attorney Delivers Reliable Results

Guiding military members or spouses

The office of Kevin Henderson Attorney at Law is located near Fort Hood and Camp Mabry and offers comprehensive divorce and family legal services to military members and spouses.

Military divorce versus regular divorce

Legally, a military divorce and a non-military divorce are no different since they both require the same procedure. However, for military personnel seeking a divorce, there are some additional factors that may prolong the process. For instance, if a spouse is permanently stationed overseas or on active duty in a remote area, the process might take longer.

I am an experienced Army divorce attorney. My staff and I have assisted many Army reservists and active duty personnel filing for divorce. We are prepared to assist you in your military divorce situation as well.

Custody issues in military divorces

The fact a parent is a member of the U.S. military is not sufficient grounds to rule out awarding custody. In other words, military members cannot be excluded from having custody simply because of their service to our country. A civilian spouse cannot successfully argue that he or she should gain custody simply because the other spouse serves in the military.

Rather, a custody determination in a military divorce is subject to the same considerations as a non-military divorce situation. Courts must consider the best interests of the child. Some of the factors courts consider include:

  • The child’s preference — A child’s preference may be considered by a court if the child is mature enough to make a decision, but the child’s preference is never the only determining factor
  • Parent’s ability — Courts consider each parent’s ability to provide for the child’s physical, intellectual and emotional well-being
  • Parent’s willingness — The willingness of a parent to not only care for the child but to provide continuing contact between the child and the noncustodial parent is considered by a court
  • History of abuse — Any abusive or criminal conduct by a parent will be given considerable weight by the court in a custody determination

Dividing military retirement plans

The Uniformed Services Former Spouses Protection Act governs the terms and conditions regarding the division of retired pay. If your military divorce may include a division of retirement benefits, it is critical to seek competent legal advice from an experienced military divorce attorney. I have the knowledge and experience to guide you through a military divorce and protect your best interests regarding retirement benefits.

In military divorce situations, there are four potential methods of dividing retired pay in the event of divorce:

  • Coverture fraction formula
  • Dollar amount
  • Percentage amount
  • Deferred percentage

Modifying divorce decrees for military members

If needed, I pursue changes or modification to your divorce decree. Modifications are sometimes needed due to changes in duty location, deployment, visitation or parents’ incomes. Modifications can be tricky, especially in military circumstances, so it is important to find a qualified family lawyer to guide you through the modification process.

Qualified Georgetown, TX military divorce attorney knows your rights

Kevin Henderson Attorney at Law is experienced in navigating military divorces. Serving Williamson County, Round Rock, Austin, Temple, and Bastrop, I have more than 30 years’ experience helping families in crisis. Contact my office near Fort Hood and Cape Mabry for your consultation. Call 512.887.1996 or contact me online.

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