San Antonio Military Divorce Attorney

How Does Military Divorce Work In Texas?

Getting a divorce can be a complex process for anyone. However, when people who serve in the United States military get divorced, they may need to address some unique issues. These may include determining how to proceed with the divorce process when a person is deployed overseas, considering military benefits when dividing marital property, and making decisions about how child custody and visitation will be handled during periods of deployment or other times when a parent may be unavailable due to their military service.

At Brandon Wong & Associates, we respect the sacrifices made by members of the military, and we are dedicated to protecting their rights while also addressing the rights and interests of their family members. If you are in the military, or if your spouse is a service member, you will want to be sure to work with an attorney who understands the difference between civilian divorces and military divorces. We understand the unique factors that can play a role in these cases, and we can help you address these issues correctly as you work to dissolve your marriage. We can help you if you or your family are located at Lackland Air Force Base, Randolph Air Force Base, Fort Sam Houston, Joint Base San Antonio, or other installations in Texas, and we can also provide representation to those who are deployed in other areas of the United States or in other countries.

Handling Divorce, Custody, and Visitation Orders, Even if You Are Deployed

When a member of the military is serving in a location away from where they usually live, they may be concerned about their ability to address family law issues. For example, a person deployed in another country may receive notice that their spouse has filed a petition for divorce, and they may be unsure about whether they will be able to respond to this petition within the right time period. These situations are addressed by the Servicemembers Civil Relief Act (SCRA), which allows for a "stay" of proceedings in civil cases, including divorce, child custody, and other family law matters.

A service member may apply for a 90-day stay, which will place a divorce or family law case on hold for this amount of time, and they may also ask for an additional stay if necessary. To receive a stay, a person will need to show that they are currently serving in the military or that their service ended within the previous 90 days, and they will also need to provide a statement detailing why their duty requirements prevent them from appearing and stating the date when they are available to come to court, as well as a letter from a commanding officer verifying these claims and showing that military leave to address these issues has not been authorized. This may provide a person with additional time to ensure that they will be able to take the proper steps to handle their legal concerns with the assistance of an attorney.

We can assist with multiple aspects of a military divorce, including helping servicemembers or their spouses understand their choices regarding uncontested or contested divorce. We can help address issues related to custody of children, including establishing temporary custody or visitation orders for clients who are located in or near San Antonio, stationed in another part of the country, or deployed overseas. We can also ensure that child support is calculated correctly, and we can help spouses understand how military healthcare and retirement benefits may be addressed during the division of community property.

Contact Our Bexar County Military Divorce Attorneys

For straightforward advice on important family law issues that affect military service members, their spouses, and other family members, contact us today. Call 210-201-3832 to set up your initial consultation and get legal help with your case. We serve clients located in Texas and throughout the world.