Protecting What Matters Most
VA benefits are preempted by federal law from being characterized as community property.
A servicemember’s right to elect to receive VA disability benefits, in exchange for waiver of some or all of retired pay, can have the effect of reducing the community estate. However, this right under federal law, cannot be prohibited by court Order.
: Court cannot expressly or impliedly prohibit a retired service member from unilaterally waiving some or all of his “disposable retired pay” after divorce in exchange for VA disability benefits.
Work around for court: court may consider VA disability benefits in making a just and right division of the marital estate.
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Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.
The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.
A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.
In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time.
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Whether establishing child support for the first time, modifying a previous order, or attempting to enforce an order of child support – this issue can turn even the simplest cases into a bitter point of dispute between parents.
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Generally, there is a presumption that parents should be named joint managing conservators of their child unless it would not be in the child’s best interest or there is a history or pattern of family violence.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.