>>>
>>> WELCOME BACK TO GREAT DAY HOUSTON.
HOUSTON.
HOUSTON. WHEN IT COMES TO DIVORCE
THERE'S A LOT TO CONSIDER.
THE LAWS CAN BE DIFFERENT FROM
STATE TO STATE.
BUT DID YOU KNOW THEY CAN BE
DIFFERENT IF YOUR CASE INVOLVE
AS MEMBER OF THE MILITARY.
IT'S IMPORTANT TO HAVE A LAWYER
WELL VERSED IN MILITARY LAW.
JOINING US WITH THE CORRECT
MARCHING ORDERS ARE ATTORNEYS
KEVIN HUNTER AND SHANNON
BEAUDREAUX.
BEAUDREAUX. ON THE SURFACE DIVORCE LAW,
OKAY, IT'S DIVORCE LAW.
IT CAN GET VERY COMPLEX, AS IS
THE CASE WITH MILITARY
DIVORCES.
DIVORCES.
DIVORCES. ONE THING YOU ALL ARE KNOWN FOR
IS YOU WILL HOLD THAT CLIENT'S
HAND THROUGH THE PROCESS.
>> ABSOLUTELY.
>> ABSOLUTELY. YEAH.
YEAH.
YEAH. ABSOLUTELY.
ABSOLUTELY. THEY FACE THE SAME THINGS WE DO
AS NORMAL CIVILIANS.
WE'VE HEARD OF THE DEAR JOHN
LETTERS, WHAT HAPPENS.
ARE THEY AFFECTED IN THEIR
ABILITY TO EXECUTE THEIR
MISSION.
MISSION.
MISSION. THINGS LIKE THAT.
IT'S IMPORTANT TO UNDERSTAND
THAT.
THAT.
THAT. THE
THAT. THE SPOUSE OR THE PEOPLE AT
HOME, THEY JUST HAVE AS
IMPORTANT A MISSION.
SO IT'S JUST A DIFFICULT
PROCESS FOR THEM AND BEING SIDE
BY SIDE WITH THEM IS IMPORTANT.
>> FAMILY LAW IN GENERAL CAN BE
A DIFFICULT PROCESS.
THERE'S A LOT OF EMOTION
INVOLVED; RIGHT?
INVOLVED; RIGHT? YOU HAVE TO BE THE SAME PERSON
WHO TAKES THE EMOTION OUT OF
THINGS.
THINGS.
THINGS. THIS IS WHY CHOOSING A LAWYER
WHO IS WELL VERSED IN EACH
CATEGORY IS IMPORTANT.
MILITARY IN PARTICULAR.
THERE ARE ALL KINDS OF THINGS
THAT CAN MAKE IT DIFFERENT.
IF YOU GOT MARRIED IN ONE
STATE, YOU'RE LIVING IN ANOTHER
STATE, ANOTHER COUNTRY.
YOU HAVE TO FIGURE OUT WHERE
YOU'RE FILING.
YOU'RE FILING. >> THERE'S A LOT OF DIFFERENT
THINGS.
THINGS.
THINGS. WE CONSIDER PEOPLE LIVING
OVERSEAS.
OVERSEAS.
OVERSEAS. EXECUTING DUTIES OVERSEAS.
FOREIGN DIVORCES AREN'T REALLY
RECOGNIZED IN THE UNITED
STATES.
STATES.
STATES. ARE YOU ABLE TO GET DIVORCED IN
YOUR HOME STATE OF RECORD.
WHERE ARE YOUR, IF YOUR SPOUSE
COMES BACK OVERSEA, DO THEY
HAVE RESIDENCY REQUIREMENTS IN
THE STATE THEY'RE IN.
THERE'S RESOURCES AVAILABLE TO
HELP THEM THROUGH THAT PROCESS.
THOSE ARE QUESTIONS WE HAVE TO
ASK TO MAKE SURE WE'RE FILING
IN THE RIGHT PLACE.
>> LET'S SAY THAT OTHER PARTNER
IS DEPLOYED SOME PLACE AND THEY
CAN'T JUST COME BACK FOR A
COURT DATE.
COURT DATE. WHAT DO YOU DO THEN?
>> SO ONE OF THE THINGS IS
THERE'S A SERVICEMANS CIVIL
RELIEF ACT.
RELIEF ACT. IT ALLOWS SERVICE MEMBERS THAT
ARE DEPLOYED SOME RELIEF WHEN
SOMETHING LIKE, YOU NEED TO BE
ABLE TO GET DIVORCED.
IF YOU HAVE A SPOUSE THAT WANTS
TO GET DIVORCED FROM A MILITARY
MEMBER BUT THEY CAN'T JUST TAKE
THEM OUT OF THAT MISSION AND
BRING THEM BACK.
SO YOU HAVE TO AFFIRMATIVELY
REQUEST.
REQUEST.
REQUEST. IT'S A LONG TITLE.
>> YOU SERVED IN THE MILITARY
BEFORE, YOU KNOW HOW TO SAY
THIS.
THIS.
THIS. >>
THIS. >> ONE WOULD HOPE.
BUT YOU HAVE TO ACTUALLY
AFFIRMATIVELY REQUEST A STAY SO
YOU CAN INFORM YOUR COMMAND
WHAT'S GOING ON, ALLOW SOME
TIME, SOME RELIEF TO GIVE BACK
AND THEN YOU CAN PARTICIPATE.
YOU HAVE TO ACTUALLY ASK THE
COURT TO DO THAT THOUGH.
>> DIVISION OF PROPERTY.
WE'VE HEARD FOREVER LIKE IN
TEXAS OH, IT'S 50/50.
IT'S NOT NECESSARILY JUST
50/50.
50/50.
50/50. >>
50/50. >> IT'S OF WHAT'S FAIR AND
EQUITABLE.
EQUITABLE. >> THERE'S OTHER THINGS THAT
COME INTO PLAY HERE.
PEOPLE TALK ABOUT THEIR 401K
AND ANY MONEY THEY HAVE BEFORE
THEY GOT MARRIED.
IN THIS CASE YOU HAVE MILITARY
PENSIONS THAT COME INTO PLAY AS
WELL.
WELL.
WELL. >>
WELL. >> THE SAME TYPE OF RULES APPLY
AS FAR AS THE DIVISION.
THERE ARE THINGS, HOW LONG HAS
YOUR MARRIAGE BEEN?
HOW LONG HAS THE SERVICE BEEN?
THEY HAVE TO BE ELIGIBLE TO
RETIRE.
RETIRE.
RETIRE. BUT THERE'S A COUPLE THINGS
LIKE THE 202020 RULE.
20 YEARS OF MARRIAGE, 20 YEARS
OF SERVICE AND 20 YEARS OF
OVERLAP.
OVERLAP.
OVERLAP. SO ONE OF THE BENEFIT ASPECTS
OF THAT IS THAT SPOUSE WOULD
ACTUALLY BE ABLE TO STILL
MAINTAIN AN ID AS A SPOUSE.
>> THAT MILITARY ID.
THAT MILITARY ID AFFORDS YOU
CERTAIN THINGS IN HEALTHCARE
AND STUFF LIKE THAT.
>> HEALTHCARE.
>> HEALTHCARE. ACCESS TO THE INSTALLATION SO
YOU CAN USE THE COMMISSARY,
BASE EXCHANGE.
BASE EXCHANGE. AS WELL AS ENTITLEMENT TO THAT
PENSION.
PENSION.
PENSION. THERE'S A COUPLE DIFFERENT
RULES AS WELL.
20-20-15.
20-20-15.
20-20-15. 15 YEARS OF OVERLAP, THAT IS
MORE TOWARDS THE HEALTH
BENEFITS.
BENEFITS.
BENEFITS. SO JUST BEING ABLE TO KIND OF
NAVIGATE THOSE, IT'S STILL THE
SAME ASPECT OF DIVISION; RIGHT?
AS CIVILIANS DEAL WITH.
>> CHILD SUPPORT.
BASICALLY KIND OF THE SAME AS
THE CIVILIAN WORLD BUT THINGS
GET DICEY.
GET DICEY. VISITATION, WE KNOW THAT'S
WORKED OUT IN A DIVORCE.
WHERE THE CHILD MIGHT LIVE.
OFTENTIMES YOU SAY YOU CAN'T
MOVE ANY FURTHER THAN X NUMBER
OF MILES.
OF MILES.
OF MILES. IN THIS CASE YOU MAY BE MOVING
TO AFGHANISTAN.
TO AFGHANISTAN. YOU MAY BE MOVING TO WHERE YOU
CAN'T TAKE YOUR CHILD.
MOVING TO A WHOLE OTHER
COUNTRY.
COUNTRY.
COUNTRY. HOW DO YOU WORK WITH THINGS
LIKE THAT?
LIKE THAT? >> IT'S IMPORTANT TO
UNDERSTAND, FIND A LAWYER THAT
UNDERSTANDS OUR PAY STUBS.
THERE ARE SOME BENEFITS THAT
PERSON WOULD HAVE LISTED.
ARE THEY RECEIVING THAT BENEFIT
MONETARILY?
MONETARILY? THE CALCULATION IS THE SAME AS
REGULAR CIVILIANS.
REGULAR CIVILIANS. YOUR NET MONTHLY RESOURCES.
BUT IF YOU GO TO A PLACE WHERE
YOU HAVE BASE HOUSING, SOME OF
THEM ARE PRIVATIZED NOW.
IT'S ALMOST LIKE YOU'RE A GO
BETWEEN.
BETWEEN.
BETWEEN. THEY PAY YOU THE BASIC
ALLOWANCE FOR HOUSING BUT IT
GOES DIRECTLY TO THAT
PRIVATIZED HOUSING MANAGER.
SO YOU NEVER SEE IT.
SO THAT SHOULDN'T BE INCLUDED
IN YOUR NET MONTHLY.
>> THEN WHICH PARENT COULD HAVE
CUSTODY OF THE CHILD.
AGAIN, IF YOU'RE SOMEONE WHO IS
MOVING OVERSEAS SOME PLACE.
SO THAT'S WHERE THINGS CAN GET
CRAZY TOO BECAUSE YOU COULD BE
GONE FOR SIX MONTHS.
>> SOMETIMES WE PUT TEMPORARY
RULES IN PLACE WHEN THERE IS A
MEMBER OUT ON DEPLOYMENT.
WE HAVE TEMPORARY ACCESS,
VISITATION SCHEDULE WHILE THAT
MEMBER IS ON DEPLOYMENT.
>> OKAY.
>> OKAY.
>> OKAY. AND THEN LASTLY, SOMETIMES
MEMBERS JUST CANNOT MAKE IT IN
FOR THAT DIVORCE AND YOU'VE
ACTUALLY REPRESENTED THEM IN
COURT.
COURT.
COURT. >>
COURT. >> SO WHEN THEY COME IN.
>> IF THEY CAN'T MAKE IT BACK.
YOU HAVE DEFENDED CLIENTS
UNABLE TO LEAVE THEIR DUTY.
>> THAT'S ONE OF THE THINGS,
THEY HAVE TO ASK PERMISSION
FROM THEIR COMMANDER TO LEAVE
THE INSTALLATION.
THE INSTALLATION. THEY CAN'T JUST DO IT.
WE HAVE SOME MEANS IF THEY
CAN'T AND WE HAVE PROOF OF
THAT.
THAT.
THAT. WE
THAT. WE CAN ASK FOR TELEPHONIC
ACCESS, MAYBE FACE TIME, OVER
THE PHONE.
THE PHONE. SOME MEANS THAT ALLOWS THEM TO
BE PRESENT IN THE COURTROOM.
>> I'M GOING TO WRAP UP WITH
WHERE YOU FILE REALLY CAN
MATTER.
MATTER.
MATTER. EVERY STATE CAN BE A LITTLE
DIFFERENT.
DIFFERENT. IN TEXAS ALIMONY IS NOT A BIG
THING LIKE IT MIGHT BE IN
CALIFORNIA.
CALIFORNIA. DO YOUR HOMEWORK.
GET THE RIGHT LAW FIRM THAT CAN
WALK YOU THROUGH.
NO DIVORCE IS SIMPLE BUT THINGS
CAN BE MUCH MORE COMPLEX IF YOU
DON'T GET THE RIGHT HELP.
>> THANK YOU FOR HAVING US.
>> CALL THEM AT 713-333-4430.
OR FOR MORE INFORMATION LOG ON
TO BHLAWTEXAS.COM.
TO BHLAWTEXAS.COM. I SAW YOU TWO STARING AT THE
KITTENS IN THE AUDIENCE.
WE'LL EXPLAIN IN A MINUTE.
YOU ALL LOVE PETS IN YOUR
OFFICE.
OFFICE.