The Law Offices of Jon R. Disrud

San Antonio Legal Blog

The role of adultery allegations in a Texas military divorce

In the average Texas divorce, the courts don't pay much attention to allegations of infidelity unless the couple has a prenuptial or postnuptial agreement with clauses that address that specific issue. Marital misconduct should not factor into how the courts divide your assets or how they allocate parenting time.

However, for military service members, adultery is a violation of the Uniform Code of Military Justice (UCMJ). That means that allegations of adultery that surface during your military divorce proceedings could result in a court-martial or similar disciplinary measures that could have a long-term impact on your career trajectory and on the divorce proceedings as well.

Update your estate plan after these major life events

When you build an estate plan, it isn't a one-time event. The initial set up helps you get your thoughts in order, but your estate plan may be an ever-growing and changing document.

There are a few times when it's appropriate to update your estate planning documents if you wish to make changes. Here are three of the common times when people may choose to update their estate planning documents (and when you might want to update your own).

Possible outcomes for the marital home in divorce

For some people who are going through a divorce, the status of the house is the biggest financial decision they have to make. There are a few ways to handle this, so carefully evaluate each option before you decide on what you'd like to do.

If you are going through mediation or another collaborative divorce method, remember that your choice might not align with your ex's. In this case, you'd have to negotiate to come up with terms that are mutually agreeable.

How divorced parents can prevent winter holiday disputes

The winter holiday season is a time to celebrate with family, friends and other loved ones. But if you're divorced, it's also a time to create a co-parenting and visitation schedule that works for you, your ex and your children.

There is no surefire way to prevent winter holiday disputes with your ex, but there are some basic tips you can follow to hedge off trouble before it bogs you down during what's supposed to be the best time of the year.

How divorced parents can help school-aged children

You and your spouse decided to get divorced after a decade of marriage and two children. The oldest is in fourth grade. The youngest is in first grade. They both go to school full time now, and their education is very important to you.

Is the divorce going to have an impact on that education? It can. You and your ex need to take the time to think about what you can do to help your school-aged children. If you have the right focus, they can thrive in their post-divorce life. But it will take work on your part. Here are a few things you can do.

Defend yourself when facing court-martial as a military member

When you join a branch of the United States military, you agree to abide by not just federal, state and local laws, but also by the unique laws that govern the military. Military law in many ways is far stricter than civilian law.

For example, military members can still face court-martial and punishments if they conduct an extramarital affair while serving as an active duty member of the military. Although civilians can divorce, military members have to worry about career consequences, while also dealing with a comparatively high marriage failure rate because of the demands from their jobs.

Protecting parenting time with your child after divorce

After parents divorce, it is often difficult for them to adjust to sharing parenting responsibilities and privileges fairly, even after the court approves their custody order. While it is normal to feel the strain of co-parenting, some parents behave in ways that are simply incompatible with modern parenting plans.

If your child's other parent interferes with your court-ordered time with your child, this behavior may qualify as parenting time interference. Courts take parenting and custody plans seriously, because they lay out the specific rights of each parent, and each right deserves protection. Parents who habitually or severely violate these agreements may suffer significant consequences.

When does it make sense to update your estate plan?

Upon creating a comprehensive estate plan, you'll feel a sense of relief. You now have a plan in place to protect you and your assets while you're alive, as well as after your death.

It's not something you should dwell on every day of the week, but there are times when you should review your estate plan with the idea of making key changes.

How do contested and uncontested divorces differ?

Many people assume that the divorce process is always the same, and people with this assumption may be surprised to learn that it is untrue. Texas couples who are considering divorce can select the divorce process that make the most sense for their situation.

If you and your spouse are considering ending your marriage, it can be beneficial to understand the options, so you can select the one that best meets your needs. In general, a couple can choose a contested divorce or an uncontested divorce.

Active military personnel among most likely to divorce

Rates of divorce and marital problems tend to be common when spouses are in certain career paths more than others. Specific fields will see significantly high rates of divorce before the age of 30. The career path that sees the highest rate of divorce in couples under 30, is enlisted military supervisors (non-commissioned officers or NCOs), with a divorce rate of around 30 percent. Following closely behind this occupation are:

  • Logisticians
  • Mechanics or automotive technicians
  • Military-enlisted positions in tactical operations and air weapons

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The Law Offices of Jon R. Disrud
13750 San Pedro Avenue, Suite 410
San Antonio, TX 78232

Phone: 210-569-0581
Fax: 210-494-6640
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