Pleasanton, Texas Military Divorce Attorneys

Well-Qualified Lawyers for Military Divorce Cases in Pleasanton

Divorce is never easy. In addition to emotional turmoil, child custody disputes, and issues involving property division, there are unique challenges that may arise when at least one spouse is a member of the United States military. Deployments, relocations, and the division of military benefits are just a few of the additional obstacles that service members and military families may face.

At Brandon Wong & Associates, we have a deep respect for service members who are on active duty, veterans who have served in the past, and their families. We have over 200 five-star reviews from clients who can attest to our thorough, compassionate approach to family law matters. Whether you are a civilian or a member of the armed forces, we can help you take steps to protect your rights and plan for your future.

Navigating Military Divorce in Pleasanton

While each state handles family law and divorce differently, military divorces in Pleasanton are controlled by both Texas and federal law, as there are specific circumstances that may affect members of the military and their spouses. Some of these considerations include:

• Jurisdiction and Residency: Even for those who are not permanent residents of the state, Texas legislation allows active service members or the spouses of service members to file for divorce while stationed in the state.
• Deployment: Some state laws protect military personnel who are on active duty from being forced to appear in court while deployed elsewhere.
• Dividing Military Benefits: Strict rules detail how benefits provided to service members may be divided with their spouses in divorce settlements.

At Brandon Wong & Associates, we understand the complex interplay among Texas family law, military regulations, and federal statutes. We can help you navigate these confusing issues and can assist you every step of the way, assisting with matters such as:

• Filing for divorce
• Child custody issues, including conservatorship and visitation
• Financial support, including spousal support and child support
• Dividing marital assets
• Modifications and enforcement of orders established in family courts

How to Handle Divorce While on Duty

There are several laws that address situations where a service member may undergo a divorce while deployed. The Servicemembers Civil Relief Act (SCRA), for example, protects active members of the armed forces from litigation when military duties make it impossible for them to meaningfully participate in these cases. By allowing a deployed spouse to request delays in specific court actions for 90 days or more, this law ensures that members of the military will be able to participate in court proceedings once their deployment ends.

A requested delay in divorce proceedings is known as an SCRA stay, and it may be requested by the deployed spouse or their lawyer. A written request must be submitted to the court that includes the dates of active duty orders and a statement of how active duty affects a person's ability to appear. The request must also include a letter from a commanding officer verifying the service member's statements.

When children are involved in a military divorce, the non-military spouse may still be able to address matters such as child custody and child support in the event of an emergency. Even when an SCRA stay is granted, a judge will typically try to balance the child's need for stability with the rights of the deployed parent.

Our experienced military divorce lawyers provide support to military families by helping to create parenting plans that may address relocations, deployment schedules, and temporary duty assignments.

What Assets and Benefits are Subject to Division in Texas?

The Uniformed Services Former Spouse Protection Act (USFSPA) can entitle spouses of service members to receive military retirement benefits, even after a divorce. However, courts will typically only award these benefits to spouses who meet the "10/10 rule." Under these requirements, a spouse must have been married to a member of the military for 10 years, and the service member must have served in the military for 10 years during their marriage.

If the requirements of the 10/10 rule are met, a spouse may be eligible to receive a portion of the service member's retirement benefits directly from the U.S. government. Our attorneys can help address the division of retirement benefits. We can also work to ensure a fair division of pensions and Thrift Savings Plans (TSP), and we can calculate accurate support amounts through benefits such as the Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS).

Consult With Our Pleasanton, TX Military Divorce Lawyers

Brandon Wong & Associates helps clients approach military divorce with compassion, respect, and diligence. Whether you or your spouse are a member of the military, we will work to ensure that all legal and financial concerns will be addressed correctly during your divorce. Call 210-201-3832 or contact our Pleasanton military divorce attorneys to set up a consultation.