Separation Under Orders Requires Specialized Legal Strategy

Your case begins with a review of service records, benefit statements, and any existing orders that affect your availability or legal standing. Philip E. Mullin Attorney At Law evaluates whether the Servicemembers Civil Relief Act applies, whether a stay of proceedings is warranted, and how your duty status influences custody proposals and support calculations. The firm prepares documentation that satisfies both Texas family courts and military finance offices responsible for dividing retirement accounts.

After your case concludes, you will have court orders that specify how your pension is divided, whether your former spouse retains access to military healthcare or base privileges, and how custody transitions during deployments or reassignments. You will know which portions of your Thrift Savings Plan or disability pay are protected, and you will have enforceable terms that account for future duty station changes. Philip E. Mullin Attorney At Law ensures that settlements reflect accurate valuations of military benefits and comply with federal disbursement rules.

The firm also addresses child support calculations that include basic allowance for housing and special pay, spousal support duration tied to length of marriage and service overlap, and modifications triggered by activation or promotion. If your case involves contested custody during a deployment cycle or disputes over survivor benefit plan elections, the firm provides representation that protects your parental rights and financial interests without jeopardizing your clearance or duty status.

Service members and military spouses often have concerns about timing, benefits, and jurisdiction when facing divorce in El Paso.

• What happens if I am deployed when the divorce is filed? The Servicemembers Civil Relief Act allows you to request a stay of proceedings for at least ninety days if your military duties prevent you from participating, and the court must grant it if you meet the requirements.
• How is my military pension divided in a divorce? Texas courts can divide your pension as community property if your marriage overlapped at least ten years of creditable service, and the Defense Finance and Accounting Service will make direct payments to your former spouse under a qualified court order.
• Can custody orders account for future deployments? Yes, you can include provisions in your custody order that specify temporary care arrangements during deployments and outline how you will maintain contact and resume custody when you return.
• Will my spouse keep Tricare and base access after the divorce? Your former spouse may retain medical and exchange privileges if your marriage lasted at least twenty years, your service period overlapped at least twenty years, and at least fifteen years of marriage overlapped with service.
• How does El Paso jurisdiction work if we married in another state? Texas courts have jurisdiction if either spouse has been a resident of the state for six months and a resident of the county for ninety days, regardless of where you married or where you are currently stationed.