Floresville, TX Military Divorce Lawyers

Supportive Military Divorce Attorneys for Individuals and Families in Floresville

Getting through a military divorce can be an arduous task, whether you belong to the armed forces or you are a civilian. Compared to a regular divorce, these cases often have extra considerations related to state and federal law. To protect your rights and interests, reach out to a Floresville military divorce attorney for legal assistance.

At Brandon Wong & Associates, we are highly qualified to represent clients in military divorces, assisting with issues of property division, spousal support, child custody, and more. Attorney Brandon Wong has over 15 years of legal experience, so you can rely on our firm to provide you with strong legal counsel.

SCRA Protections During a Military Divorce in Texas

Military service can make divorce proceedings more complicated. Service members often face unique challenges when they are deployed, stationed far from home, or required to move on short notice. Federal law provides certain protections to help ensure that military duties do not prevent a service member from properly participating in a divorce case.

The Servicemembers Civil Relief Act (SCRA) allows an active-duty service member to request a temporary pause in civil court proceedings, including divorce cases. This protection exists so that military obligations do not interfere with a person's ability to defend their legal rights.

Under the SCRA, a service member can request a stay of proceedings for at least 90 days if military duties materially affect their ability to appear in court. The request typically requires a statement explaining how service obligations prevent participation in the case. A letter from the service member's commanding officer may also be required to confirm that military duties prevent leave or court attendance.

Temporary Custody Arrangements During Military Deployment

Child custody issues often become more complex when one parent serves in the military. Deployment, training assignments, or relocation can affect a parent's ability to follow a standard parenting schedule. Texas law recognizes these challenges and allows courts to create temporary custody arrangements when a parent is deployed.

A military parent may request temporary custody orders that address possession of or access to the child, as well as child support. These orders can allow another trusted adult, such as a grandparent or family member, to exercise visitation rights on the deployed parent's behalf in some circumstances.

Courts generally aim to protect the child's stability while also preserving the military parent's relationship with the child. Judges may also consider ways to maintain contact during deployment. This could include scheduled phone calls, video communication, or other forms of regular contact when possible.

Importantly, these custody arrangements are temporary. Texas law provides that orders created specifically because of military deployment typically terminate when the deployment ends. The prior custody arrangement is often restored once the service member returns. This rule helps ensure that a parent's military service does not permanently affect their custody rights.

How Are Military Retirement Benefits Divided in a Floresville Divorce?

Texas is a community property state. This means that most property acquired during the marriage belongs to both spouses. Military retirement benefits are often treated the same way. The portion of the retirement earned during the marriage may be considered community property and subject to division in a divorce.

Only the benefits earned during the marriage are typically considered marital property. Retirement benefits earned before the marriage or after separation are generally treated differently. Determining the marital portion of military retirement can require careful calculation based on the service member's years of service and the length of the marriage.

In some cases, the former spouse may receive payments directly from the Defense Finance and Accounting Service (DFAS). This direct payment option generally applies when the marriage lasted at least ten years and those ten years overlapped with ten years of military service. This is often referred to as the "10/10 rule."

Meet With a Floresville, Texas Military Divorce Attorney

At Brandon Wong & Associates, our attorneys represent military service members and their spouses in divorce proceedings throughout the Floresville area. We understand the challenges that military families face during divorce and work to protect our clients' interests at every stage of the process. Call 210-201-3832 or contact our Floresville, TX military divorce lawyers to schedule a consultation.