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The Servicemembers Civil Relief Act protects your rights

Military divorces are similar to typical divorces, but there are a few exceptions in terms of the divorce's timeline and rules. In military divorces, there is a chance that at least one of the two people seeking divorce will be deployed at a distance that makes it impossible or difficult for them to make it to hearings, meetings and to make other necessary steps forward in the divorce.

The Servicemembers Civil Relief Act is an essential protection for service members. It allows service members to ask for a stay, which is a temporary halt in the proceedings of the case, while they are on active duty or within 90 days of their release from active duty. The court has the opportunity to deny or accept this request, but most applications will be approved to give the service members time to come to court and make their voices heard.

Worried about finances? You may want to seek spousal support

You have been with your spouse for over a decade, but you weren't surprised when they approached you for a divorce. Over the last few years, they've become unhappier by the day. You don't believe it came down to anything you did or didn't do, but instead, was because they wanted to move on.

You've accepted that the divorce is necessary, but that doesn't mean it's any easier to move on. You gave up your career to care for your child in your home while your spouse worked. Now, you don't even know where to start with getting a job; You're behind others in your field, and your career was put on hold.

What can't be in a prenuptial agreement?

There are many things that you may wish to include in a prenuptial agreement so that you don't have to worry about working through disputes if you have a divorce later in the future. However, there are certain terms that can't be discussed in prenuptial agreements. These terms are usually dependent on factors that can't be predicted, so courts don't allow them to be in the legal document. Even if they are included, they'll be invalidated.

A few of the things that can't be included in a prenuptial agreement include:

  • Waivers to your right to an attorney
  • Decisions about visitation or child custody
  • Decisions about child support
  • Provisions that detail illegal acts
  • Details about personal matters, such as where you'll spend your time during holidays or how to raise your children
  • Provisions that encourage you to seek a divorce due to financial incentives

Is sole custody right for you?

Sole custody might seem like a good idea if you're hoping to make all the major decisions for your child, and it can even seem like a good way to show that you're "right" compared to your spouse when considering all aspects of your divorce.

The truth is that unless there is abuse or another reason that your child is endangered or cannot be a part of the other parent's life, sole custody can be harmful to a child. Psychologists now believe that children perform better when they have both parents in their lives. There are some benefits to sole custody if it's right in your situation, however.

Your contested case: Negotiation is your best option

Contested divorces are some of the most difficult to deal with because you and your spouse cannot agree on issues like child custody or how you'll divide your marital assets. As a result, you will have to wait longer for the divorce to be finalized.

In contested cases, both spouses usually obtain their own attorneys to help them negotiate or fight through their case in court. It is usually in your best interests to work on a resolution in mediation or through direct negotiations, but your attorney should also be prepared to represent you at trial if necessary.

Texan dads complain that child custody laws aren't enforced

Custody cases can get out of hand, and in some instances, children aren't allowed to see the parents who miss them very much. Recently in Texas, a father has brought to light a situation in which he has court-ordered custody times but is unable to see his daughter due to the mother's interference.

The man claims that it is a lack of enforcement that is making it impossible for him to see his child. He has court-ordered visitation, and he drives to El Paso from Austin to spend the first, third and fifth weekends of the month with her. Unfortunately, these meetings rarely go as planned, as her mother won't honor the agreement.

Change made protects agency's right to religious adoptions

In an interesting move by the current presidential administration, religious adoption and foster-care providers have received protections. The Department of Health and Human Services (HHS) recently granted one faith-based agency in South Carolina a religious exemption, which could impact other agencies across the country.

This is a conflict of interest in many ways since the new exemption could allow religious child-welfare providers to discriminate against same-sex couples by refusing to allow them to adopt through the service.

Where to File Divorce- Military Edition

1. General Rule

The general rule in Texas is that a person may file for divorce in the Texas county where the person resides if he or she has been domiciled in Texas for six months and a resident of the county where filing for 90 days. Texas law provides specific definitions of "domicile" and "residence," but for purposes of this article I will keep it simple and treat them as though they mean the same thing- being physically present in and making one's home in Texas.

5 signs that it's time for a divorce

There are many instances when people may question why they got married. In most cases, those problems subside, or individuals are able to get counseling and work through their problems.

In some cases, though, a divorce is the best option. If you find yourself dealing with any of these five signs, it may be time to get in touch with your attorney and discuss what you need to do to file for divorce.

Military members have support during divorce

If you are approached about getting a divorce and are in the military, you should know that there are support services open to you. As a service member, the Servicemembers Civil Relief Act (SCRA) protects your legal rights when you're on active duty. That means that if you receive divorce documents, you'll have longer to respond.

For example, if you cannot attend court due to being on duty, a stay or postponement of the proceeding can be justified and allowed. Similarly, you are protected against certain default judgments that could occur if you don't show up in court because you are serving.

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