Jourdanton, TX Military Divorce Attorneys

Knowledgeable Military Divorce Lawyers Representing Clients in Jourdanton

Whether you are the spouse of a servicemember or a servicemember yourself, a divorce involving the U.S. military can be quite complicated, especially as it relates to key issues like child custody and the division of military benefits. With the help of a Jourdanton military divorce lawyer, you can take steps to protect your interests as you transition out of your marriage.

At Brandon Wong & Associates, we provide attentive counsel and representation for both servicemembers and civilian spouses in military divorces. Our experienced attorneys can assist spouses near Joint Base San Antonio, Randolph Air Force Base, and other military installations throughout the state.

Military Divorces When One Spouse Is Deployed

When a service member is deployed, the Servicemembers Civil Relief Act (SCRA) provides important protections during divorce proceedings. Under the SCRA, a deployed spouse may request a stay of certain court actions for 90 days or more. This stay can pause hearings or deadlines, giving the service member time to participate once their deployment ends.

To obtain an SCRA stay, the deployed spouse or their attorney must file a written request with the court. The request should include the dates of active duty orders and a statement of how deployment materially affects the ability to appear. The request must also include a letter from the deployed spouse's commanding officer verifying that they cannot make the required court appearances.

Even when a stay is granted, the non-military spouse may still address temporary matters such as custody and support in emergencies. Judges strive to balance the deployed parent's rights with the child's need for stability, often appointing a guardian ad litem or temporary conservator when necessary.

Temporary Custody Modifications for Military Parents in Texas

Military families face unique challenges when deployments or relocations disrupt established parenting plans. Texas law allows either parent to petition for a temporary modification of custody or possession when military duties create a significant change in circumstances. To succeed, a military parent must show that the modification serves the child's best interest and that returning to the original order would impose undue hardship.

Petitions for temporary modification should include documentation of orders, deployment schedules, or transfer notices. Courts will evaluate the proposed plan's practicality, the child's relationship with both parents, and the impact on schooling or healthcare. In many cases, judges encourage creative solutions such as extended visitation before deployment, virtual visitation during service, or appointing a trusted family member to exercise limited custody rights.

These temporary orders typically expire when the service member returns from active duty or completes their reassignment. At that point, the original parenting plan is reinstated unless the parties agree otherwise or seek a permanent modification. Fathers and mothers in the military alike can use these provisions to protect their parental interests without jeopardizing unit cohesion.

Are Military Benefits Considered Community Property?

In Texas, most benefits earned during marriage are community property, and military benefits are no exception. Pension pay, retirement distributions, and certain allowances accrued while married are divisible between spouses upon divorce. Under the 10/10 rule, if a couple was married for 10 years or more while the spouse served in the military for 10 years or more, the non-military spouse can elect to receive direct payments from the Defense Finance and Accounting Service after the service member retires. If the overlap is shorter, the court still has discretion to divide benefits, but those distributions must be handled through the divorce decree rather than DFAS.

Meet With a Jourdanton, Texas Military Divorce Lawyer

At Brandon Wong & Associates, we have the legal knowledge and qualifications to assist with your military divorce. To arrange a consultation today, call us at 210-201-3832 or contact our Jourdanton military divorce attorneys.