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Military Divorce Lawyers in San Antonio

Addressing Unique Challenges for Service Members

Matters of divorce for active or former members of the military are often much more complex than if both spouses are civilians. Because of this added complication, having a San Antonio military divorce attorney who understands what you are facing 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 divorce proceedings.

The Uniformed Services Former Spouses’ Protection Act

Texas is a community property state, and in civilian divorces, marital assets are divided between both parties in a manner that is "just and right." Military divorces in Texas also follow state law, and 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.

Under The Uniformed Services Former Spouses’ Protection Act:

  • Former spouses can receive access to military exchanges and commissaries
  • Former spouses could receive health care at military treatment facilities
  • Spousal or child abuse victims receive benefits
  • Former spouses may receive part of retired pay
  • State courts divide disposable military retired pay

In order for a non-military spouse to receive a portion of the military retired pay, under federal law they will need to have been married for a minimum of 10 years and the member will need to have completed 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.

Another unique aspect to military divorces 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 being rendered against a service member. It also provides the service member the ability to stay the proceedings of the divorce case while they are overseas.

Let Us Help

Whether you, your spouse, or both are a member 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.

If you are going through a divorce involving a service member and need the guidance of a knowledgeable attorney, do not hesitate to contact our office at (210) 405-6623 to schedule a consultation.

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