Options for Couples Experiencing Marital Strife

By Hannah Deardorff, Fort Bliss Legal Assistance Office

Every year, legal offices around the country typically see an increase in divorce consultations. In most situations, marital counseling can be a great “first step” resource to help both parties involved determine whether or not reconciliation is possible, healthy, or wise for their situation. In fact, marriage counseling is a fantastic resource even for those with a healthy relationship, as a tool to improve communication skills, self-awareness, and emotional health. 

There are various counseling resources available to service members at Fort Bliss. The Family Life Chaplain on post is specifically trained to provide marriage-counseling services, but most brigade chaplains are comfortable and experienced providing counseling as well. All counseling meetings between Soldiers and chaplains are completely confidential. Chaplains offer a particularly valuable resource, as they understand first-hand the unique challenges that face service members. Additionally, chaplains can provide a religious context for counseling, if that is something the service member values. The Military and Family Life Counseling Program also has resources to help connect you to a marriage counselor. 

If an individual decides to pursue filing for divorce, the Fort Bliss Legal Assistance office can provide legal guidance and may even be able to assist in drafting divorce paperwork through the Pro Se Divorce Program, if applicable. The term “Pro Se” simply means that the client is filing the divorce paperwork on their own behalf, rather than having an attorney file the paperwork for them. If a client qualifies for the Pro Se program, one of the Fort Bliss Legal Assistance Attorneys will send them a questionnaire to complete. Once the Legal Assistance attorney receives the questionnaire back from them, the attorney will draft divorce documents for them and will provide the client with detailed instructions on how to file the paperwork with the court. The attorney can also answer any questions the client may have about the divorce process. 

There are a few criteria the case must satisfy in order to qualify for the Pro Se Program. The criteria are as follows: 

·         The client or their sponsor must be an E-5 or below;

·         They cannot have children born or adopted during the marriage (and no current pregnancies);

·         The divorce must be uncontested (meaning both parties agree to the divorce and any division of assets);

·         They must know where their spouse is located (so they can send them the divorce paperwork to sign);

·         They cannot have purchased land or a home during the marriage;

·         Neither spouse can be represented by an attorney in the divorce;

·         Neither spouse can have filed for bankruptcy during the marriage;

·         Division of retirement pay cannot be required;

·         And, one spouse must have lived in El Paso for at least three months and Texas for at least six months.   

If a client does not qualify for the Legal Assistance Office’s Pro Se program, a Legal Assistance attorney can still provide them with legal advice, provided that the client has not hired an attorney to represent them for their divorce yet. It should be noted that the Legal Assistance Office cannot file for the divorce on your behalf, or represent, the client in court, per the requirements of Army Regulation 27-3.  However, again, if the client does not qualify for the Pro Se program, a Legal Assistance attorney can still answer questions about support requirements, custody agreements, division of property, and how the divorce will impact BAH or the client’s housing situation.

Those seeking an appointment to speak with an attorney in the Fort Bliss Legal Assistance Office should either call (915) 568-7141 or e-mail usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@mail.mil.