San Antonio Military Divorce Attorney

Answer: First, you will need to file for your divorce in the county where you live. You must also have been a resident of Texas for 180 days or a resident of the county you live in for 90 days before filing for divorce. For deployed members of the military who are concerned that they will not be able to respond to the divorce petition, the Servicemembers Civil Relief Act (SCRA) allows for a “stay” to be put in place to halt civil proceedings such as divorce and other family law cases. Usually, the stay is 90 days, but it can be extended.

Answer: There certainly can be challenges, especially if the person you are looking to divorce is currently overseas or on a tour of duty. Among the most significant challenges occurs when a spouse is overseas and is served with a divorce petition. As discussed in the previous question, the deployed spouse may seek a stay to ensure that the divorce proceedings will be put on hold until they return home from duty.

Answer: The military should not be considered a resource to assist you in getting a divorce. However, hiring a lawyer with experience in military divorce can undoubtedly help you get a divorce. Your attorney will be able to assist you in all matters related to your divorce.

Answer: This depends. If the spouse seeking the divorce serves their spouse while their spouse is on tour overseas, the divorce process may be prolonged, especially if the spouse abroad requests a stay. How long the divorce will take depends on other things, such as the case’s complexity.

Answer: Divorce differs for active-duty service members because, unlike civilians, people who are on active duty may not be able to respond to a divorce petition immediately, assuming they are the ones who are served. If an active-duty member is interested in seeking a divorce from their civilian spouse, this will also pose unique challenges, as they may have to wait for their tour of duty to end before they can pursue a divorce from their spouse. The situation becomes even more complex if both spouses are actively serving simultaneously.

Answer: Like civilian divorces, military divorces may involve determining custody and visitation agreements for a couple’s children. The court will consider the child’s best interests when making these decisions, considering factors such as the child’s relationship with each parent, their physical and emotional well-being, and more. Furthermore, the divorcing parents may also have to determine how child support will be handled. Of course, the greatest challenge for children with parents divorcing in the military is the impact of deployments. The parent who is deployed may have limited contact with their children during this period, which can be emotionally challenging for both the parent and the child. Custody and visitation agreements may need to be adjusted to accommodate the deployment schedule.

Answer: The Uniformed Services Former Spouse Protection Act (USFSPA) is a federal law that provides protections and benefits to former spouses of military members. One significant provision of this law is the “20/20/20 rule.” Under this rule, a former spouse may be eligible for continued access to military healthcare, commissary, and exchange for privileges if they meet specific criteria. Specifically, the former spouse must have been married to the military member for at least 20 years, the military member must have served for at least 20 years, and there must have been at least a 20-year overlap between the marriage and the military service. The 20/20/20 rule is designed to ensure that former spouses who dedicated a significant portion of their lives supporting the military member are not left without essential benefits after the divorce.

Answer: The 10/10/10 rule in military divorce refers to a provision under the Uniformed Services Former Spouse Protection Act (USFSPA). It states that if a couple meets certain criteria, the former spouse may be entitled to a portion of the military member’s retirement pay. To qualify for this provision, the couple must have been married for at least ten years, during which time the military member must have performed at least ten years of credible military service. Additionally, there must be at least a 10-year overlap between the marriage and the military service. If these conditions are met, the former spouse may be eligible to receive direct payments from the Defense Finance and Accounting Service (DFAS) for their share of the military member’s retirement pay.

Answer: No. Per federal law, VA benefits are not marital property and thus cannot be divided by the court in the event of a divorce.

Answer: If the former spouse has not remarried, and they meet the 20/20/20 rule, they may be able to retain their military ID card.