Dissolving a marriage is never exactly easy, but some divorces can be more difficult than others are. A contested divorce is one example of a particularly challenging breakup through the legal system. The reason for the difficulty is the sometimes-unexpected inability of two divorcing spouses to agree on some or all elements of the divorce.
While a military divorce does have its challenges, it is typically not much harder than a civilian divorce. In addition to the same stresses and emotional issues inherent in a non-military split, the divorcing parties must see to a few select regulations and rules to complete the breakup.
Under Texas law, parents may agree to an informal or legal parenting plan that details how their children spend time with them and how they make important decisions regarding their children. The decisions made in an informal parenting plan could be a little different from the legal order, which takes precedence. There are many basic aspects that the parents need to consider while focusing on arrangements that work best for the children.
In Texas, a public official or prosecutor may take legal action in child custody cases that meet specific criteria. To move forward with legal action, there must be an existing determination regarding child custody or a request from a court in connection with a pending proceeding involving such a matter. In addition, there must be reasonable suspicion that the child was removed overseas to a country that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction or retained in violation of a criminal statute.
A Texas court will consider changing a child custody or support order in response to a Petition to Modify the Parent-Child Relationship. The process is more efficient if both parents agree to the modification. However, regardless of whether the parents agree or disagree, this petition is the first step to modifying a support order.
Texas family court judges make child custody and visitation decisions based on the children's best interest. If both parents can come to an agreement about child custody issues and the judge agrees that the arrangements are in the children's best interests, it is likely that the judge will accept them. Some parents find it difficult, or even impossible, to come to any sort of shared parenting or child custody agreement.
The end of a divorce proceeding in Texas might be as simple as answering a couple of questions at a hearing or as complicated as going through a jury trial. Once everything is settled, either by a judge or jury, the final decree of divorce will be issued and all issues resolved, such as asset division and child custody. However, there might be some steps people need to take before being allowed to have their final hearing.
In most cases a military divorce in Texas is not much different than a divorce between two civilians. Most differences arise from the state residency status of a service member on active duty or the state residency status of their spouse. Divorcing military couples can sometimes choose from more than one state in which to file for divorce. In some cases, different means of determining the length of a marriage can affect how division of assets are administered.
Most people who live in Texas do not need to think about which state in which to file for a divorce. Because they live in the state, they file for divorce there. However, members of the armed forces and their spouses may have the option of filing for divorce because their situation often results in changes in residency. Choosing the state for a divorce is an important decision because the laws vary and may provide different benefits to those involved in the action.
One important agreement parents make when divorce happens is what is best for the children. Using that as a base, an arrangement is structured that outlines whether one or both parents are responsible for decisions pertinent to the child's care. If parents are unable to reach a mutually agreeable arrangement, the court will decide.