Military Separation in Rockwall, TX
Strong Legal Counsel from a Rockwall Divorce Lawyer
My law firm, The Law Offices of J. Cameron Cowan, is able to assist military members and military spouses who are considering or undergoing separations within their marriages. I am a Rockwall divorce attorney who has extensive experience providing legal advice to military members and their dependents. If you and your spouse are undergoing a military separation, I encourage you to contact my law firm for legal guidance.
Separations occur when spouses choose to live separately (or in the same home but in different quarters) while the couple stops engaging in their sexual relations with each. It also usually involves the spouses separating other aspects of their lives, such as their finances and their parental responsibilities, which is similar to what occurs in the divorce process. While separation is not legally recognized under Texas' statutes, there are steps that individuals can take to better protect themselves and their loved ones during a time of marital separation. These steps could also potentially help a military member avoid being found in violation of Article 134 of the Uniform Code of Military Justice, which makes adultery a crime for servicemembers.
Obtaining a Written Separation Agreement
If you and your spouse separate, it could be very beneficial for you to establish a formal separation agreement in writing. This agreement will allow you formally separate certain aspects of your life. For example, you and your spouse can divide assets and debt, set up arrangements for spousal support, agree on who will have the kids and when, etc. While Texas courts do not issue official separation orders, spouses who want to establish a written agreement on these various legal matters for the separation period can do so. The agreement will essentially act as a contract between the two spouses. If the separated spouses have already filed for divorce or
annulment, the written agreement can be approved by the court while the divorce or annulment is pending.
Separation & Article 134 of the Military Code
Article 134 of the Uniform Code of Military Justice makes it a criminal offense for members of the military to commit adultery. Under this article of military law, it is a crime for a married military member to have sexual intercourse with someone when either of the two individuals is married to someone else, particularly when the act brings discredit to the reputation of the armed forces. According to an explanation on the U.S. Army website of Article 134 and how it relates to separation, one of the factors that should be considered in these types of cases is whether or not the military member was "legally separated." The explanation notes that this could potentially include separations based on formal separation agreements or court orders of separation.
When you bring you military separation matter to The Law Offices of J. Cameron Cowan, you can receive the personalized legal representation you need for your case. Contact my firm so I can provide you with reliable counsel each step of the way!