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Military DivorceFebruary 10, 2025

Military Divorce at Fort Bliss: What El Paso Service Members Need to Know

Military Divorce at Fort Bliss: What El Paso Service Members Need to Know – Laine Law Firm El Paso, Texas

Military divorce involves unique legal complexities that civilian divorce attorneys may not fully understand. If you're a service member or military spouse at Fort Bliss, here's what you need to know.

The Servicemembers Civil Relief Act (SCRA)

The SCRA provides important protections for deployed service members in legal proceedings. A deployed service member can request a stay (delay) of divorce proceedings for at least 90 days, with possible extensions. This prevents a spouse from obtaining a divorce by default while you're deployed.

Dividing Military Retirement Pay

Military retirement pay earned during the marriage is community property in Texas. The court can award the non-military spouse a portion of the retirement. The "10/10 rule" requires 10 years of marriage overlapping with 10 years of military service for the non-military spouse to receive direct payment from DFAS.

Military divorce lawyer Fort Bliss El Paso

BAH and BAS in Support Calculations

Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) may be considered in child support and spousal support calculations. An experienced military divorce attorney knows how to properly calculate support with these military-specific income sources.

Custody During Deployment

Texas law protects military parents' custody rights during deployment. Custody orders cannot be permanently modified solely because of deployment, and your rights are fully restored upon return.

Call Laine Law Firm at 915-200-4316 for specialized military divorce representation in El Paso.

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