Military Divorce Lawyers in San Antonio

Helping Service Members Navigate the Divorce Process in Texas

Matters of divorce for active or former members of the military are often much more complex than if both spouses are civilians. Due to these added complications, having a San Antonio military divorce attorney who understands your situation can make all the difference. At The Law Office of Rebecca J. Carrillo, our skilled founding attorney has extensive experience in cases like these and can help you navigate your military divorce proceedings in San Antonio.

Understanding the emotional and logistical challenges faced by military families, we provide comprehensive legal support to simplify the divorce process. With factors such as frequent relocations and deployments ever-present, our team prioritizes effective communication to manage these unique aspects efficiently, offering peace of mind to our clients during trying times.

To learn more about military divorce in San Antonio, contact The Law Office of Rebecca J. Carrillo today to start discussing your situation.

The Uniformed Services Former Spouses’ Protection Act

Texas is a community property state, and in civilian divorces, marital assets are divided between both parties. The USFSPA expressly states that “disposable retired pay” received as non-disability military retirement and earned during the marriage is community property subject to division on divorce.

In order for a non-military spouse to receive a portion of the military retired pay, under federal law, they need to have been married for a minimum of 10 years with the member completing a minimum of 10 years of military service during that time. If a retired member passes, this act also specifies a Survivor Benefit Plan. Under the Survivor Benefit Plan, a former spouse could seek former spouse coverage.

Given these complexities, it is essential for spouses involved in military divorces to seek knowledgeable legal counsel. We are committed to clarifying these intricate details, providing our clients with a clear, steady guide through legal proceedings.

Child Custody Solutions for Military Families

Navigating child custody can be stressful, especially as a service member who has to take deployments, training, and military mobilization into account. 

Our San Antonio military divorce lawyers are able to handle a variety of child custody issues, such as:

• Child custody arrangements during deployment
• Visitation during a parent's deployment
• Temporary custody orders due to a deployment
• Increased time with the child upon return of a deployment

Texas has certain laws to ensure that the children of service members do not miss out on parenting time due to military obligations. Our team understands the dynamic nature of military life, which requires flexible and adaptable custody solutions. We work closely with families to propose creative custody schedules that accommodate potential changes in military duties, ensuring that parental bonds and responsibilities are maintained despite the challenges posed by military obligations. Our San Antonio military divorce attorneys are dedicated to fighting for your right to an enriching relationship with your child.

What Safeguards Are Provided for Military Service Members Against a Default Judgment?

Another unique aspect of military divorces in Texas is the right of service members to adopt the Soldiers and Sailors Civil Relief Act in their military divorce case. This act provides certain safeguards to prevent a default judgment from being rendered against a service member. It also provides the service member the ability to stay abreast of the proceedings of their military divorce case while they are overseas.

Moreover, this act aims to protect service members from the legal disadvantages that arise due to their inability to attend civil court proceedings. By postponing legal actions, we provide our clients with the opportunity to wholly defend their familial and financial rights without the strain of immediate legal pressures that could compromise their commitments to national service.

What Is a Military Spouse Entitled to in a Divorce?

In a military divorce, the non-military spouse may be entitled to various benefits and protections under both federal and state laws. One of the primary concerns for military spouses is the division of military retirement benefits. State courts can treat military retirement pay as marital property subject to division during a divorce. In addition to retirement pay, military spouses may also be eligible for other financial support, such as spousal support (alimony) and child support. The court will determine the amount based on various factors, including the length of the marriage, each spouse’s financial needs, and the military member’s ability to pay.

Healthcare benefits, including TRICARE, are another important consideration. If the marriage lasted for at least 20 years with 20 years of overlapping service, the non-military spouse may qualify for continued TRICARE benefits.

At The Law Office of Rebecca J. Carrillo, we comprehensively assess each unique scenario, providing advice that considers the longevity and depth of military service, marriage duration, and the entailing legal and financial frameworks. Our role extends beyond legal representation—we act as advocates, ensuring that each spouse receives clear counsel, equitable treatment, and optimal benefits allocation throughout the divorce process.

the Unique Challenges of Military Divorce

Divorcing while serving in the military or as a military spouse presents distinct challenges that differ from civilian divorces. At The Law Office of Rebecca J. Carrillo, we recognize that military personnel deal with deployment, frequent relocations, and unique financial implications that can complicate separation and custody arrangements.

It’s essential to have a legal team that understands the specific nuances of military divorce, including:

• Deployment Timing: Divorce processes may be impacted by the service member's deployment schedule, necessitating careful planning and consideration.
• Retirement Benefits: Understanding how military retirement benefits and pensions are divided can significantly influence financial settlements.
• Child Custody Considerations: Unique factors such as the best interests of children who may have to move frequently require specialized custody arrangements.
• Legal Rights Under Federal Law: Your rights as a military member or spouse often fall under special federal protections—our team can help navigate these laws effectively.

By choosing The Law Office of Rebecca J. Carrillo, you gain access to attorneys experienced in military family law who will advocate for your rights and work to achieve the best possible outcome for you and your family. We prioritize communication and sensitivity to your unique circumstances to ensure a smoother transition through this challenging time.

Why Choose Our Military Divorce Lawyers?

At The Law Office of Rebecca J. Carrillo, we understand the unique challenges military families face during divorce proceedings. Our dedicated team provides compassionate and competent legal representation for service members and their spouses. Here’s why you can trust us with your military divorce case:

• Knowledge in Military Laws: Our attorneys stay updated on the latest developments in military law, including specific regulations that affect service members and their families during divorce.
• Personalized Legal Strategies: We take the time to understand your unique situation and tailor our approach to meet your needs, ensuring that you feel supported throughout the process.
• Confidential Consultations: We offer private consultations to discuss your case without the fear of judgment. Your privacy is a priority for us.
• Strong Negotiation Skills: Our skilled negotiators strive to reach agreements that protect your interests while minimizing conflict, allowing for smoother resolutions.
• Comprehensive Support: We provide ongoing assistance, making sure you understand each step of the legal process and feel empowered to make informed decisions.

Facing a divorce is never easy, especially for those who’ve served our country. With our experienced military divorce lawyers by your side, you can navigate this challenging time with confidence. Contact us today for a consultation and take the first step toward securing your future.

Contact Our Military Divorce Lawyers in San Antonio

Whether you, your spouse, or both are members of the military, The Law Office of Rebecca J. Carrillo can provide you with the guidance you need. Our military divorce attorney in San Antonio is a Board Certified Attorney in Family Law by the Texas Board of Legal Specialization who is ready to help you navigate the potential complexities of your specific case.