Abilene, Texas, Military Divorce & Division of Benefits Attorney
Past President, Texas Criminal Defense Lawyers Association
Past Chair Criminal Justice Section, State Bar of Texas
Member, The College of the State Bar of Texas
Past Chair, Texas Criminal Defense Lawyers Educational
19-Year Faculty Member, Texas Criminal Trial College
Frequent Speaker and Course Director for Continuing Legal Education Seminars Throughout the State of Texas for Over Twenty Years
The sacrifice of serving our great nation, while admirable and appreciated, can undoubtedly place a great strain on military families. For example, the constant moving and redeployment often causes serious marital problems. In these difficult times, a military family must cope with many divorce issues, including child custody and visitation, alimony, and complex property division.
Attorney Randy Wilson has successfully handled many military divorces. He has a comprehensive understanding of military law, as well as a unique insight into the special considerations of military divorce. No matter the situation, he will fight for a full and fair division of both military benefits and marital assets.
If you or your spouse is serving in the armed forces and need a skilled divorce lawyer, contact attorney Randy Wilson for a free consultation.
Dedicated assistance with the division of retirement benefits
Texas is a community property state. This means in Texas that any property that was acquired during the course of the marriage is community property unless it was inherited or a gift — must be divided fairly among the parties. However, this does not necessarily mean a 50-50 split. There are exceptions to this general rule. Randy Wilson can point out and act as your advocate in these exceptional situations.
Conversely, separate property — property acquired before the marriage or by gift — is not subject to division. Ownership of any separate property must be supported by evidence, which tracks the origins of the property. Randy Wilson is adept at assisting you in tracking your valuable separate property to protect it from being divided by a court.
Many military clients who come to Randy Wilson Law Offices for the first time are surprised to learn that you do not need to be married for at least 10 years in order to divide military pensions. In fact, under Texas law, both spouses accrue retirement benefits whether married one day or twenty years.
For example, if a couple has been married for 18 years, a military spouse may be entitled to 18 years of accrued retirement benefits, as long as the couple is residing in Texas at the time of the divorce. Residence is often a major consideration in the dissolution of a marriage. It is important that you consult with an attorney who understands what constitutes or what is does not constitute residence by a member of the armed services under the law. Attorney Randy Wilson can help you keep what is rightfully yours.
A Note about military divorce Unless a military divorce occurs after retirement, the non-serving spouse will GENERALLY lose his or her medical benefits. Children will GENERALLY receive medical care under TRICARE until they are 18 or graduate from high school.
Asset division in military divorce
In any military divorce, the following assets must be accounted for and assigned an accurate value:
- Residential or commercial property
- Cars and recreational vehicles
- Ownership in a business
- Stocks and insurance policies
- Military retirement benefits
- Debt such as mortgages or credit card debt
You only get one chance to get a military divorce right. Contact attorney Randy Wilson for a free consultation. He will help you understand your rights and provide the information you need to make wise decisions.