SAN ANTONIO FAMILY LAW & DIVORCE LAWYERS CALL TODAY: 866-955-2264
Guiding You Through the Military Divorce Process
There are special considerations in the divorce process if you or your spouse serve in the military. To understand your rights, it's important to consult a lawyer who understands both federal military law and your state's divorce laws.
We represent clients from all military bases in the San Antonio area, including Lackland Air Force Base, Randolph Air Force Base, Brooks City-Base, Camp Bullis and Fort Sam Houston who are facing family law issues such as divorce or child custody disputes.
The rigors of military life make stringent demands on serving military personnel and their families. When marriages fail, fulfilling your military duty can interfere with your obligations to settle your family affairs.
Our law firm is sensitive to these difficulties and works to assist the best outcomes for everyone involved. We understand deployments and military obligations such as TDY (temporary duty assignments) and PCS (Permanent Change of Station), and we can help you resolve issues concerning:
Filing for military divorce
Military retirement benefits
Child custody
Child support
Spousal support/alimony
Divorce decree modifications
Child relocation
Division of Military Benefits
The Uniformed Services Former Spouses Protection Act (USFSPA) outlines the specific rules applying to issues that arise during the divorce of a military service member and their spouse. Issues addressed include the spouse of the service member’s eligibility for continued commissary, healthcare benefits, and one of the largest assets in the military divorce, the service members retirement pension. The former spouse of a service member is not automatically eligible to a portion of the military retirement pension under the USFSPA, this must be determined and ordered during the divorce.
This is why it is vitally important to speak with your military divorce lawyer early in the process to understand your rights and obligations.
Spousal Support Requirement
Military law requires members of the military to support their spouse while a divorce is in process. This requirement is similar to interim spousal support provided under Texas law.
Abatement of Divorce During Active Service
A divorce proceeding can be delayed for the length of a service member's active duty, plus 60 days. An active service member can waive this provision if he/she consents to a divorce. Although Texas is a "no fault" divorce state, the Soldiers and Sailors Civil Relief Act and Texas law protects active duty military personnel from being divorced without their knowledge. In some circumstances, if you reside overseas, you can be divorced in Texas if it is considered your "home of record" and you last resided stateside as a married couple in Texas.
A Lawyer-Client Relationship Based on Trust
To discuss your concerns about a military divorce with an experienced family law attorney, call 866-955-2264 today or fill out the contact form on this Web site. Your initial consultation is free.