Helotes Military Divorce Lawyer

Knowledgeable Attorney for Military Divorces in Helotes, TX

A divorce where one or both spouses are military service members can come with extra complications and legal considerations. The divorce proceedings can be slowed down significantly by the labor of dividing up complex assets and military benefits, and if you rush through this process, you could lose thousands of dollars. A skilled Helotes, TX military divorce lawyer can help you navigate the process carefully to protect your best interests.

At Brandon Wong & Associates, we have the utmost respect and admiration for military members who have devoted themselves to the country. We represent military members and military spouses in divorce proceedings, keeping clients fully informed of their rights as we negotiate for favorable outcomes.

SCRA Protections for Military Service Members

If you are on active duty, dealing with a divorce may be the last thing on your mind. In many cases, it is not feasible for a service member to attend a courtroom hearing a long distance away. The Servicemembers Civil Relief Act (SCRA) can give you some necessary relief from the stresses of a divorce, providing you with a 90-day stay on the legal proceedings.

During the 90-day stay, your spouse will not be able to move forward with divorce proceedings. This can protect you from having a default judgment entered against you because you did not attend a scheduled courtroom hearing. Additionally, you can request an extension of the stay if your obligations prevent you from responding to a divorce petition, which the court may permit or deny. Our military divorce lawyer can help you seek out urgent relief under the SCRA.

Are Military Spouses Entitled to Retirement Benefits in a Divorce?

If you are currently married to a service member, you should know that you may be entitled to receive military retirement benefits through the Uniformed Services Former Spouse Protection Act. However, this option is not available to all military spouses. In order to qualify, you must meet certain requirements, often referred to as the "10/10/10 rule."

Under the 10/10/10 rule, you must have been married to a military service member for 10 years, and the military service member must have served for at least 10 years. Moreover, there must be at least 10 years of overlap between the marriage and the years of military service.

When these requirements are met, the non-military spouse can receive direct payments from the Defense Finance and Accounting Services for a portion of retirement benefits.

How Is Child Custody Handled in Military Divorces?

Child custody can be a sensitive issue in a divorce, and when one parent is in the military, special arrangements may have to be made for visitation. In Texas, custody decisions are based on the best interests of the child, regardless of either parent's military status.

The court can accommodate unique custody arrangements based on the military parent's deployment. Under state law, a judge can approve temporary court orders in response to a parent's military deployment if the deployment is over a substantial enough distance that it "materially affects" the parent's ability to exercise their rights. When the period of deployment or mobilization ends, the temporary custody order will be terminated.

Contact a Helotes, Texas Military Divorce Attorney Today

At Brandon Wong & Associates, we have experience representing spouses in complex divorces. You can rely on our firm to provide you with excellent services, as we have received over 225 5-star reviews from greatly satisfied clients.

We are ready to defend your rights through negotiations outside of court or through a divorce trial. To schedule an initial consultation with our firm, contact our Helotes, TX military divorce lawyer today or call our offices at 210-201-3832.