Cibolo, TX Military Divorce Attorneys

Aggressive Lawyers Handling Military Divorces in Cibolo

Obtaining a divorce when one or both spouses belong to the U.S. military can be highly complex. Questions may arise over the division of property, how child custody will be handled during deployment, and other points of uncertainty. With legal representation from a Cibolo military divorce lawyer, you can remain informed of your rights as you navigate the process.

Experienced counsel can make a major difference in a military divorce. At Brandon Wong & Associates, our team of seasoned attorneys is well-equipped to address your concerns, whether you are a civilian or a member of the armed forces. We can help you navigate contested matters, standing up for your best interests during negotiation or litigation.

Are Military Retirement Benefits Subject to Division in Texas Divorces?

Under Texas community property law, all assets acquired during marriage are presumed to belong equally to both spouses. Military retirement pay earned by a service member while married is considered community property, meaning that a non-military spouse may be entitled to a share of those benefits upon divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) authorizes Texas courts to treat military retired pay as divisible property, but it does not require the Department of Defense to make direct payments to the former spouse.

In order to qualify for direct payments from the Defense Finance and Accounting Service, a spouse must satisfy what is known as the 10/10 rule, requiring 10 years of marriage that overlap with 10 years of military service.

Temporary Custody Modifications for Military Parents in Cibolo, TX

Deployment, training, or permanent change of station orders can upend even the best-laid custody schedules. Military parents in Cibolo may petition the court for temporary modifications to possession and access orders when service obligations interfere with existing arrangements. Texas law requires proof of a material and substantial change in circumstances since the last order and a demonstration that the adjustment serves the child's best interest.

To seek a temporary modification, the service member or the other parent files a petition supported by evidence such as deployment orders, unit schedules, or affidavits from commanding officers. Courts will consider factors including the length and location of deployment, the ability of the remaining parent or guardians to care for the child, and the child's emotional stability. Temporary orders can establish alternative visitation schedules, designate third-party custodians, or authorize virtual communication during separation.

What Is a SCRA Stay?

The Servicemembers Civil Relief Act (SCRA) provides important protections for active duty service members, including an automatic stay of civil proceedings—such as divorce filings—when military obligations materially affect their ability to participate. Upon request, a court must grant a stay of up to 90 days for any party "in military service" or its dependent, once the service member files an affidavit and a letter from their commanding officer certifying that military duty materially impairs their ability to appear.

This 90-day stay on divorce actions gives service members time to respond to petitions, secure legal counsel, and protect their rights without prejudice. If the initial stay period proves insufficient, the service member may request extensions by demonstrating continued hardship. In Cibolo, Texas courts routinely honor SCRA stay motions, recognizing the unique demands placed on military families. Consulting a knowledgeable attorney can help ensure that stay requests comply with SCRA requirements and that divorce proceedings resume in a manner that respects both the law and the service member's duties.

Meet With a Cibolo, Texas Military Divorce Lawyer

If you need help navigating the challenges of divorce, reach out to Brandon Wong & Associates today. To set up an initial consultation, call us at 210-201-3832 or contact our Cibolo military divorce attorneys.