Army Divorce- Where to start?

[B.Vermouth]

What is the name of your state (only U.S. law)? Texas

I am trying to help my BIL.

My BIL is in the army, married for a little over a year, and is in TX.

His wife attacked him in August. She was arrested and charged with

>>ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE
Misdemeanor A

I believe she was arraigned for this during the 2nd week of August.

Additionally, when the police came to arrest her, she assaulted the cops and was tasered, and was charged for this as well.

>>

ASSAULT PUBLIC SERVANT
3rd Degree Felony


He decided to divorce her.

He pretty much doesnt know what to do. He is having to move out of his apartment right now (they were living seperately before the assault) because apparently she is getting his BAH and he can not afford to keep renting the apartment.

Should she be getting 100% of this??

He said he was told that he can not move onto the base while he is married, but she is getting 100% of the BAH and so he's basically broke and cant go to base and cant afford an apartment...

Is this correct? Is there nothing he can do to help himself or get the army to allow him to move to the base?

Does he have to file a legal seperation?

I believe he did have an atty but was not satisfied with the job the man was doing and fired him and is trying to figure out what to do, and wants to educate himself.

Can anyone give pointers on what he should know and what he should do and where he should go?? I wish I had more information or an idea of what direction to go so I could give more helpful facts...

I know that he would like to try to get alimony from her. She was working (I assume she still is?) and was making more money than him. She always has made more money than him. He is now losing his BAH, and possibly other benefits, due to her attack, so he is wondering if he has any recourse.

Additionally, he is being deployed in November. Is there any chance of straightening this out and having the divorce finalized before then?

Thank you in advance.What is the name of your state (only U.S. law)?

[DRTDEVL]

He needs to go to the courts and file a protective order. Are there any kids? If so, include them.

Once a protective order is in place, she cannot return to the residency unescorted. The SM will retain the apartment, and the kids will have a place to live safely. The SM will not lose his BAH at all if there are children, and only once everything is final will he lose it if no other dependents.

No, I doubt he will get everything done before deployment, and all proceedings will halt until after he returns.

[garrula lingua]

He has to wait 60 days, after filing for divorce, before the court will dissolve the marriage.
He also has to wait 30 days after a divorce is finalized before he can remarry.

No, he will not get alimony/spousal support (in Tx, it's called maintenance).
In Tx, maintenance is intended to allow someone time to get the tools to be self-sufficient. The cap is two years of payments; a difference in income is not sufficient cause to order 'maintenance'.

If you have any common sense, you'll stay out of their affairs.
Let him resolve his personal issues by himself.
If they committed themselves, at one time, to each other, then let these two people resolve their commitment without input from anyone else.

[B.Vermouth]

Originally Posted by DRTDEVL

He needs to go to the courts and file a protective order. Are there any kids? If so, include them.

Once a protective order is in place, she cannot return to the residency unescorted. The SM will retain the apartment, and the kids will have a place to live safely. The SM will not lose his BAH at all if there are children, and only once everything is final will he lose it if no other dependents.

No, I doubt he will get everything done before deployment, and all proceedings will halt until after he returns.

There are no children. He is in his 20's, she in her 40's (yeah) and so no kids.

They did not live in the same apartment. She lived in her own, which I assume she still has. He lived in his own, which he now can not afford bc she is getting all of his BAH, so he has to move out, but was told he can not move on base because he is married.

How does that effect things?

I am not sure if he got a protective order, I will mention this to him.

Thank you.

[B.Vermouth]

Originally Posted by garrula lingua

He has to wait 60 days, after filing for divorce, before the court will dissolve the marriage.
He also has to wait 30 days after a divorce is finalized before he can remarry.

No, he will not get alimony/spousal support (in Tx, it's called maintenance).
In Tx, maintenance is intended to allow someone time to get the tools to be self-sufficient. The cap is two years of payments; a difference in income is not sufficient cause to order 'maintenance'.

If you have any common sense, you'll stay out of their affairs.
Let him resolve his personal issues by himself.
If they committed themselves, at one time, to each other, then let these two people resolve their commitment without input from anyone else.

Thank you for the information on the time frame and the alimony. I will pass it along.

I dont have any interest in their affairs, he just no longer has internet and doesnt know what to do and he asked me to see what I could find out.

I will tell him the info I got him and let him move it along.

[DRTDEVL]

If he has financial records to prove she has a greater income than he does, he can stop paying her the BAH. Have him consult with JAG first for the calculations, and they will draft the legal opinion for him to keep. When she contacts the chain of command about the stopped BAH, he can show the legal opinion from JAG, and the chain of command will tell her to pound sand.

[B.Vermouth]

Originally Posted by DRTDEVL

If he has financial records to prove she has a greater income than he does, he can stop paying her the BAH. Have him consult with JAG first for the calculations, and they will draft the legal opinion for him to keep. When she contacts the chain of command about the stopped BAH, he can show the legal opinion from JAG, and the chain of command will tell her to pound sand.

Thanks so much!