Latest & Greatest – The Special Needs Child and Divorce

Recognizing that the judicial system is overwhelmed by family law cases and is, at times, ill-equipped to handle cases involving children with special needs, author and attorney, Margaret “Pegi” S. Price has drafted a practical guide that can help lawyers address the needs of these families better and prevent placing these children in crisis. She begins her book, The Special Needs Child and Divorce: A Practical Guide to Handling and Evaluating Cases, with a description of what special needs are, a discussion of pertinent legislation regarding disabilities, and some guidance to enable courts and attorneys to identify and handle cases involving children with special needs.

Read more

Civ Pro: Is my case contested or uncontested?

Many pro se litigants have questions about the legal terms “uncontested” and “contested.” The most common case where these legal terms are used are in divorces – for example, a “contested divorce” or “uncontested divorce.”

Uncontested or non-contested cases are cases that can be finished by agreement because both parties agree about all the issues. An uncontested divorce is “when the parties are not fighting each other about the divorce itself or the terms of their separation.”

Read more

Latest & Greatest – The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families

By Mark E. Sullivan

Published by American Bar Association. Section of Family Law

KF 535 .S85 2019

The Texas Access to Justice Commission has designated the week of November 10-16 as Texas Veterans Legal Aid Week. Here at the Harris County Law Library, November is Veterans Law Resource Month, and we are featuring titles to help veterans. One such title is The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families

There is no such thing as a cookie-cutter divorce. Elements may be the same, but each case is unique and each is fraught with its own circumstances and situations. Divorce can be especially problematic and difficult when one or both spouses are active military personnel. Issues such as custody and visitation may not be as clear-cut and easily resolved as those involving civilians. To offer some guidance in this matter, attorney Mark E. Sullivan has written The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families.  This two-volume set begins with a discussion of service of process and its two main concerns: how can one locate someone serving in the military and how can one serve him? The author explains how the Servicemembers Civil Relief Act protects parties who are in the military and how it can affect the timing of lawsuits brought against military personnel. He addresses the unique issues surrounding custody and visitation, especially as it affects cases in which the military parent is mobilized or deployed. Family support and enforcement of that obligation may take on an added dimension in cases involving military families due to the Uniform Code of Military Justice and other military support rules. Sullivan also talks about divorce and what is considered domicile for purposes of filing for divorce. Another area that requires some discussion is the division of property, which includes military benefits and pensions. Sadly, the military does not afford protection from domestic abuse, so the author includes a chapter about this issue as well. 

If you are looking for a fairly comprehensive guide to representing military personnel in a divorce matter, have a look at The Military Divorce Handbook. The appendices after each chapter are especially helpful with extra resources. Moreover, there are practice tips peppered throughout the book.