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Texas Military Law Questions & Answers
1 Answer | Asked in Divorce and Military Law for Texas on
Q: How do I apply for and file for a divorce from my abusive husband. I'm in CA and afraid to go home in Lone Star, TX

He is at my home in Lone Star with the kids....His 3 biological. He is a VET and a very abusive alcoholic. He says if I come with my grown kids to move out, he's going to have his motorcycle brothers come when we come. I'm afraid for me and my children and his! I don't want any problems. It's my... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jul 3, 2019

I recommend you call attorneys in/near the Lone Star, TX area and discuss your potential case with them. It is possible that you could file the divorce while you are still in California. You could likely pursue most of the divorce without ever traveling to Texas. You may also consider seeking an... Read more »

1 Answer | Asked in Military Law for Texas on
Q: 17 yr old daughter returned home from the military as she is being held against her will and without parental consent
Paul E. Tennison
Paul E. Tennison answered on Jul 3, 2019

This question is unclear, I do not understand what you are asking here.

1 Answer | Asked in Family Law, Immigration Law and Military Law for Texas on
Q: If my family member is in the middle of getting deport and me in the military is there anyway I can help them?

My family member was recently detained by the police and he’s in the process of getting deported is there any way with me in the military do anything to help? If so what should I do ?

Kelli Y Allen
Kelli Y Allen answered on Jan 22, 2019

Not just by virtue of being in the military. But I suggest consulting with an immigration attorney who handles removal defense in your area to see if there are options.

1 Answer | Asked in Military Law for Texas on
Q: What area of law does the Uniformed Services Former Spouses’ Protection Act cover?
Angelina Bradley
Angelina Bradley answered on Dec 18, 2018

Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.

To see how it applies to you, consult with a family law attorney.

1 Answer | Asked in Military Law for Texas on
Q: My gay son was discharged from the army and refuses to tell me what happened. Think I need to hire a lawyer for him?
Angelina Bradley
Angelina Bradley answered on Nov 2, 2018

What would you want to hire the attorney for? In the discharge process, your son should have been notified he had the right to consult with an attorney, and, if the discharge characterization was Other Than Honorable or he’d been serving more than 6 years, he would have been offered a hearing and... Read more »

1 Answer | Asked in Military Law for Texas on
Q: When would military law ever apply to a private citizen?
Angelina Bradley
Angelina Bradley answered on Oct 13, 2018

The Uniform Code of Military Justice provides for specific instances when the code would apply to civilians. As a general rule, that civilian would need to be serving alongside the armed services (e.g. as a contractor). It's more likely that the Military Extraterritorial Judicial Act would apply... Read more »

1 Answer | Asked in Military Law for Texas on
Q: Is my military supervisor allowed to order me to use my personal cell phone for work purposes?

My supervisor continuously Txt's and calls me on my personal cellphone for question that are considered normal work related purposes ie. did you get that paperwork, I need you to move desk, ect and not just for the even of a recall or an emergencies.

Angelina Bradley
Angelina Bradley answered on Aug 1, 2018

I see this as an Anti-Deficiency Act problem. If you feel strongly about it, contact your local Trial Defense Services office or Area Defense Counsel, and ask them to assist you in raising this issue to the command's JAG or IG. Listen carefully to the advice they provide you about going down that... Read more »

1 Answer | Asked in Military Law for Texas on
Q: My wife has just been sued, but she's deployed. What do we do now?
Angelina Bradley
Angelina Bradley answered on Jul 10, 2018

The Service Member's Civil Relief Act provides protections for deployed service members. You should head to your local base legal office to get assistance on how to invoke her rights under the SCRA. Most courts near military bases have a panel of pro bono attorneys who do this work.

If you...
Read more »

2 Answers | Asked in Contracts, Military Law and Real Estate Law for Texas on
Q: Hello, I’m in the military and trying to break out of my lease and it’s pretty confusing. Can I have some help with it?

A part of the lease it says, “You may terminate the lease if you enlist, are drafted into, or are commissioned in the U.S. Armed Forces”. I would like to know what commissioned in the U.S. Armed Forces means?

Angelina Bradley
Angelina Bradley answered on Jul 7, 2018

A commission is what officers receive when they join the service.

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1 Answer | Asked in Military Law for Texas on
Q: What happens if my husband got a DUI on the base?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 13, 2018

Generally, assuming the DUIs happen in the "exclusive federal jurisdiction" areas of a base, most bases (and posts) usually let the federal court handle all of the DUIs (regardless if the person is a service member or not). The cases are usually prosecuted by a Judge Advocate who is appointed as a... Read more »

1 Answer | Asked in Divorce and Military Law for Texas on
Q: Can you go back to court to get alimony changed on the divorce decree? She gets 50% of his military retirement.

He is retired military and in the divorce decree it is stated that he has to give her half of his retirement as Former Spouse Support.

Patrick Korody
Patrick Korody answered on Mar 18, 2018

Alimony and military retirement are generally two different concepts. Alimony is spousal support while military retirement is property division. However, there are arguments that when a spouse starts receiving military retirement, the need for spousal support decreases. Spousal support is... Read more »

1 Answer | Asked in Divorce and Military Law for Texas on
Q: My divorce decree states that my ex is entitled to 50% of my military retired pay. Is it possible to change that?

Divorce was in Utah, finalized in 2014. I would like to know what are my odds of having that reversed or lessened.

Patrick Korody
Patrick Korody answered on Mar 1, 2018

This is a very complex issue that I see all of the time. I am not a Utah lawyer - you need to speak to a Utah lawyer who has substantial experience in military retirement, how it is calculated, and how the it can be divided by a Utah court. Generally, different laws apply on whether the language... Read more »

1 Answer | Asked in Domestic Violence, Military Law and Criminal Law for Texas on
Q: How do I file old domestic violence charges on my ex ? Hes military and they hid the DV. I want help on the civil side.

My ex started assaulting me 2 years ago. Everytime I called the cops his command would come get him and take him to the barracks. Nothing ever came of it. He moved me and our girls on post and it got worse. He assaulted me and raped me and i was arrested by the mps. Nothing has ever happened with... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 23, 2018

Go to the Sheriff's Office in the county where this happened and ask to file a complaint. The complaint will probably be reviewed by a detective who will decide whether there is Probable Cause to seek an arrest warrant.

1 Answer | Asked in Divorce, Appeals / Appellate Law and Military Law for Texas on
Q: Is it unethical to request a statement from an ex-husband's lawyer?

I am pro se appellee. My ex-husband is appealing the judgement against him to pay what was suppose to be military retirement, but the ex opted for disability pay. Divorce Decree did not allow him to change or stop payment when he was eligible to receive retirement. Judge did not order him to pay... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jan 26, 2018

Your ex-husband's lawyer will likely not assist, and may be concerned about violating an attorney/client privilege or other professional responsibility obligations.

1 Answer | Asked in Federal Crimes, Military Law and Wrongful Death for Texas on
Q: Can I sue the Army for covering up the circumstances of my brother's suicide?

My brother was hazed/bullied by Marines during a deployment to Iraq. The investigations confirm he called his commander for help 20 seconds before he died and his commander told him to go back to work and hung up. I have evidence that the investigators intentionally witheld witness statements,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

The estate would have a right to bring suit under the Federal Tort Claims Act. Contact a member of the Texas Trial Lawyers Assn who handles death cases involving the military. They give free consultations.

1 Answer | Asked in Military Law, Estate Planning and Probate for Texas on
Q: As a widow of a 100% disabled veteran, I want to know my rights as my husband died without a will.

I went to probate court and they said I needed a bond to become the administrator of the estate, my husband only left a house and we owe 123,000 dollars still. The lawyers don't explain anything and every other thing the want money that I don't have. Please help me

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 19, 2017

Whether you need to go to court to probate your husband's estate in an heirship proceeding or can file an Affidavit of Small Estate (available on your county probate court's website or from the court) depends on what your husband left. In Texas if he left no debts other than those secured by real... Read more »

1 Answer | Asked in Gov & Administrative Law, Legal Malpractice and Military Law for Texas on
Q: Is it legal for a private US citizen never been employed by US gov or US corp to work for foreign military say China?

A private US citizen has developed say a better small arms technology such as rifle manufacture or bullet manufacture. Can he sell it to the chinese military for example or can he work as a consultant for the chinese military? He has never worked for any branch of the US govt or any US... Read more »

Juan Antonio Lozada
Juan Antonio Lozada answered on Jun 25, 2017

You will probably need an export license to be able to transfer military technology to China. Under the U.S. Export Control System, our government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives.... Read more »

1 Answer | Asked in Divorce and Military Law for Texas on
Q: Are there any pro bono lawyers with military experience who can calculation retirement percentage?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 20, 2017

Many state bar associations do have a program dedicated to pro bono (or low cost) assistance to servicemembers and veterans. I do believe that Texas does have such a program. Please go to the Texas State Bar Associations website for further information. In addition, if you are eligible, you can... Read more »

1 Answer | Asked in Military Law for Texas on
Q: Can tax problems from before you were in the military affect your standing in the service?
Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 24, 2017

Most of the "jobs" (your MOS) in the military will require some level of security clearance. You will be required to fill out the SF-86 and it will ask questions regarding financial issues. It would have to be pretty severe for it to prevent you from receiving a security clearance, but most... Read more »

2 Answers | Asked in Military Law for Texas on
Q: I've read that the military can sanction my husband and even sever his service for non-payment of support

- is that true?

Patrick Korody
Patrick Korody answered on Mar 14, 2017

Generally your assertion is correct; however, civil support orders are the most sure way to get paid support during a separation or divorce. Each service has its own rules regarding support to dependents.

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