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Texas Military Law Questions & Answers
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... View 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,... View 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
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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... View 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... View 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.... View 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... View 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... View 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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1 Answer | Asked in Criminal Law, Education Law and Military Law for Texas on
Q: Wouldn't it be fine under the Romeo and Juliet law? If i did get pregnant at 16 by someone 18 who's in the army?
Patrick Korody
Patrick Korody
answered on Feb 7, 2017

The age of consent under the UCMJ is 16 years old. However, state law would also apply.

1 Answer | Asked in Military Law for Texas on
Q: Does a person facing a court-martial have the right to an attorney?
Patrick Korody
Patrick Korody
answered on Feb 3, 2017

The military will provide a JAG at no charge for a special or general court-martial. You also have the right to hire a civilian counsel at your own expense. Normally, the JAG stays as well, so you have two lawyers working on your case.

1 Answer | Asked in Military Law for Texas on
Q: If I need to be represented in military court, can I use a regular attorney or do I need a JAG officer?
Patrick Korody
Patrick Korody
answered on Feb 3, 2017

You can use a civilian, but the rules and practice is substantially different. You would be well-served to have a civilian attorney with former JAG experience.

1 Answer | Asked in Criminal Law, Family Law and Military Law for Texas on
Q: Wife charged with assault with a deadly weapon on me from a mental breakdown. Shes been gone 3 months. What now? Help?

Okay. This was due to a mental break that actually gave her symptoms of serious mental disorders. The thing is, ive known my wife my WHOLE life. Weve grown up together, and I know her very well. The incident that accrued was certainly not by her negligence or free will. But, State takes over and... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

It takes many months to resolve criminal cases. You have done what you can do for now. See if you can get permission to go visit her from your superiors.

1 Answer | Asked in Military Law for Texas on
Q: If you commited a felony while active duty. Get out with benefits, do you & your family loose all military benefits?

Arrested after out of military but commited crime while still a soldier and active duty.

Philip D. Cave
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Philip D. Cave pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015

You military benefits are based on the discharge you received, independent of the conviction.

If you got an Honorable then you get all of your benefits. A general you get most, except education and home guarantee. With an OTH its harder to have any benefits.

1 Answer | Asked in Military Law for Texas on
Q: Does a Trial Counsler have to review personnel files(counselings, evaulations,etc)an investigator before a court martial

Does a Trial Counsler have to (or have the right) to review personnel files (counselings, evaultions, etc.) prior to a court martial for a subject that was interviewed and processed by that investigator?

Bradley M. Glaze
Bradley M. Glaze
answered on Apr 26, 2011

There are a few words and phrases that you use that really need defining to provide you with the best answer to this question, but I'll give you my opinion, based upon what is asked here. As with all of the answers provided here, this answer does not constitute legal advice, and you should... View More

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