Military Divorce Lawyers in San Antonio

Board-Certified Family Law Representation for JBSA Service Members & Their Spouses

Military divorce carries a layer of legal complexity that civilian divorce simply doesn’t. Federal statutes like the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA) interact with Texas community property law in ways that require an attorney who understands both systems. San Antonio is home to Joint Base San Antonio (JBSA), one of the largest military installations in the country, comprising JBSA-Fort Sam Houston, JBSA-Lackland, and JBSA-Randolph. The military families connected to those installations deserve representation that matches the complexity of their cases.

Attorney Rebecca J. Carrillo holds board certification in family law from the Texas Board of Legal Specialization, a credential earned by fewer than two percent of Texas attorneys. Since establishing the firm in 2009, she has handled military divorce cases and understands how federal rules governing retirement pay, deployment-based custody, and active-duty protections operate within Bexar County family court. Whether you are a service member, a military spouse, or both, we can help you navigate this process with a clear picture of your rights and realistic expectations about outcomes.

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 provides that “disposable retired pay” received as non-disability military retirement and earned during the marriage is community property subject to division on divorce.

The 10/10 Rule & DFAS Direct Payments

For a non-military spouse to receive direct payments from DFAS, federal law requires the couple 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. This 10/10 rule governs whether the Defense Finance and Accounting Service (DFAS) will make direct payments to a former spouse. Importantly, it doesn’t limit a court’s authority to award a share of retirement benefits when that threshold hasn’t been met. A court may still divide military retired pay as community property; when the 10/10 rule isn’t satisfied, the former spouse collects their share directly from the service member rather than through DFAS.

VA Disability Pay & the Survivor Benefit Plan

One additional limitation worth understanding: following the U.S. Supreme Court’s decision in Howell v. Howell (2017), VA disability pay isn’t divisible as community property, and state courts may not order a veteran to indemnify a former spouse for reductions in retirement pay caused by a VA disability election. If a retired member passes, the Survivor Benefit Plan allows a former spouse to seek former spouse coverage, subject to what the divorce decree specifies.

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 from a deployment

Texas courts prioritize the best interests of the child regardless of a parent’s military status. Deployment alone can’t permanently alter custody rights, and temporary orders put in place while a service member is away are subject to review upon return. When both parents serve, or when a military parent has sole custody, a Family Care Plan designating short-term and long-term caretakers may be required. Courts may also implement virtual visitation through video conferencing and expand in-person time during leave periods to keep a deployed parent actively involved. Our San Antonio military divorce attorneys are dedicated to fighting for your right to an enriching relationship with your child.

SCRA Protections for Active-Duty Service Members in Divorce

The Servicemembers Civil Relief Act (SCRA), enacted in 2003, provides active-duty service members with meaningful protections when military obligations prevent them from participating in civil court proceedings, including military versus standard divorce. The SCRA covers active-duty members of all branches, as well as reservists and National Guard members on federal active-duty orders.

Under the SCRA, a court may grant an initial mandatory stay of at least 90 days when a service member demonstrates that military duty prevents their appearance and provides a commanding officer letter confirming that military leave isn’t authorized. The letter must establish that the service member’s current military duty prevents their appearance. After the initial stay, additional stays may be requested, and the court has discretion to grant them if service continues to prevent participation.

SCRA protections aren’t automatic. They must be affirmatively invoked by the service member or their attorney. The SCRA also protects against default judgments entered during active duty: a service member who had a default judgment entered while on active service may move to reopen that judgment. For service members stationed at JBSA who are deployed or otherwise unable to attend proceedings, maintaining a San Antonio domicile preserves the right to file in Bexar County upon return.

What a Military Spouse May Be 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 law. State courts can treat military retirement pay as marital property subject to division. The 10/10 DFAS direct-payment rule doesn’t cap what a court may award; it only affects the payment mechanism.

Financial Support & VA Disability Pay

In addition to retirement pay, military spouses may also be eligible for spousal support (alimony) and child support. The court may determine amounts based on factors including the length of the marriage, each spouse’s financial needs, and the service member’s ability to pay. VA disability pay, while not divisible as community property, may still factor into calculating income for support purposes.

TRICARE Healthcare Benefits

Healthcare benefits, including TRICARE, are another important consideration. Under the 20/20/20 rule, if the marriage lasted at least 20 years, the service member served at least 20 years, and those periods overlapped by at least 20 years, the non-military spouse may qualify for continued TRICARE coverage.

At The Law Office of Rebecca J. Carrillo, we assess each situation individually, providing counsel that accounts for the length and nature of military service, the duration of the marriage, and the legal and financial frameworks that apply. We go beyond legal representation to provide clear advice, fair treatment, and a full understanding of the benefits that may be available.

Why San Antonio Military Families Choose The Law Office of Rebecca J. Carrillo

Military divorce cases demand more than general family law knowledge. The interaction between federal statutes and Texas community property law, the procedural rules of Bexar County family court, and the financial stakes tied to military retirement and benefits all require an attorney with a demonstrated foundation in this area.

Attorney Rebecca J. Carrillo is board certified in family law by the Texas Board of Legal Specialization, a credential fewer than two percent of Texas attorneys hold. That certification reflects a depth of knowledge and commitment to this practice area that general practitioners don’t carry. The firm holds a 10.0 Avvo rating and has earned recognition including Texas Super Lawyers Rising Stars and the Martindale-Hubbell Gold Client Champion.

Beyond credentials, we believe military families deserve straight answers. We provide transparent cost assessments, realistic expectations about outcomes, and a personalized legal strategy built around the specific facts of your case. We represent service members, military spouses, and families where both partners serve. Whatever your position, we’ll work to protect your rights throughout the process.

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 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, ready to help you navigate the complexities of your specific case.