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Are You Deployed and Facing a Divorce?

 Posted on January 20, 2023 in Divorce

San Antonio, TX military divorce lawyerThe highest divorce rates are among military couples compared to any other profession. At Brandon Wong & Associates, we respect the sacrifices service members make for this country and we are dedicated to protecting their rights and interests. If you are deployed in another country and have been served with a military divorce it can be emotional and overwhelming. A skilled military divorce attorney can guide you through the process and ensure that you conserve your benefits.

Qualifying for a 90-day Stay

If you are serving your country overseas, you may not know how to respond to a divorce petition - but a skilled military divorce attorney can help guide you through this difficult time and process. The Service Members Civil Relief Act allows you to apply for a 90-day stay, which places a divorce or child custody issue on hold. You would need to prove the following to qualify for a stay:

  • That you are currently serving in the military or your service ended within the previous 90 days

  • A statement that explains why military duty prevents you from making a court appearance

  • A letter from a commanding officer to verify that military leave has not been authorized

You may be able to request additional time to ensure that you are able to take the proper steps to handle various issues with the assistance of an attorney.

Child Custody and Benefits

There are multiple aspects of a military divorce, including helping service members or their spouses understand their choices related to child custody, establishing temporary custody or visitation orders for parents living in San Antonio, those stationed in another part of the country, or deployed overseas.

Under federal law, the Uniformed Services Former Spouse Protection Act allows spouses of military service members to qualify to continue receiving benefits, including healthcare and access to military exchanges. Spouses may also qualify for a part of the service member's retirement benefits if the couple was married for at least a decade. This is something that should be addressed in your Texas divorce agreement.

Contact a San Antonio Military Divorce Lawyer

If you have been served with divorce papers and are currently deployed you have some legal options. At Brandon Wong & Associates, we understand the unique issues that may arise with a military divorce. A Bexar County military divorce attorney will work to ensure that your interests are protected. Call 210-201-3832 now.



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