Is there any special dispensation for military personnel?
No. Military personnel must file for divorce and pay court fees the same as civilians. One small difference is in relation to the residential requirement. For a Texas resident, time spent outside of Texas while in the military, does not affect the residency requirement.
Can a JAG attorney handle my divorce?
No, but they may be able to help. JAG attorneys do not represent military personnel in Civil Court. However, they may assist you in preparing your paperwork and answering basic questions. Following are the list of qualifications for this service:
E5 or below;
Uncontested divorce (both parties agree on all aspects of divorce);
No children, wife not pregnant, and no illegitimate children;
No real estate;
Both parties willing to sign all necessary documents.
Review video on III Corps website.
The qualifications listed above are similar for all divisions located at Fort Hood (III Corps, 1st Cavalry, and 4th Infantry).
Why does the clerk keep suggesting I'm asking for legal advice when I'm not?
Even innocent sounding questions such as, “Does my name go here?” “Is there anything else I need to file?” “Where can I find the forms?” can cause time delays if incorrectly answered. Therefore, all clerks are prohibited from answering questions about divorce cases (especially those filed Pro Se) and if in doubt, they have been instructed to err on the side of saying nothing. As a Pro Se filer, you are responsible for researching all aspects of the divorce, even the small ones.
Why does the District Clerks Office provide all this information, then not answer questions about it?
The information contained on the website and through handouts has been provided by the Pro Se Clinic. This way, the information can be controlled. Clerks are not attorneys and cannot provide legal advice. Therefore, it has been established that they are not to provide information regarding “legal” matters. If they are in doubt, they have been instructed to err on the side of saying nothing.