Though no divorce is ever easy, divorces involving members of the military can be especially complicated, with unique issues and nuances not seen in other types of cases. As a longtime San Antonio military divorce attorney, Jennifer Espronceda understands these distinct challenges and has the knowledge, expertise, and experience to help you and your loved ones overcome them.
San Antonio Military Divorce Attorney
The Biggest Issue: Where to File
When you or your spouse are a member of the military, you have a challenge right from the outset of your divorce: which state should you file in?
As military members are often moved about the country (or even world), so you might be quite far from the place you legally got married. If you or your spouse has moved recently, you may also have different states of residence.
So where should you file? If you’re the person initiating the divorce, you’ll file your papers in the state you currently live – even if that’s not the same state as your spouse. So, for example, if you’re currently living in San Antonio, Texas and filing for divorce from your spouse in Arizona, you’d find a San Antonio military divorce attorney and file your papers here, in the Lone Star State.
Other Common Legal Issues in Military Divorce
As a San Antonio military divorce attorney, Jennifer Espronceda has seen her fair share of unique issues and challenges in cases of military divorce.
Here are some of the most common ones you’ll want to prepare for:
Delayed proceedings
If a military member is the one being served the divorce papers, they may be unable to file a formal response or attend court hearings for significant periods of time. Under the Servicemembers Civil Relief Act, or SCRA, the military member can even request a “stay” on the case, which puts the proceedings on hold for at least 90 days. They can request extensions after that, should they still be on duty or unable to leave their post.
Military lawyers
Military members do have access to legal counsel, but these attorneys cannot represent you or your spouse in a formal divorce proceeding. They can provide guidance on certain issues, but because they are often assigned to an entire base, they typically have a full plate of clients and members to serve and may be short on time.
Child support
Child support is calculated based on the military member’s base pay, allowance for housing, subsistence allowance, special pay and other benefits, and will usually follow the state’s guidelines. If a stay has been issued on the case, you may be able to request support from your spouse’s military branch or base.
As you can see, military divorces come with a wide variety of unique challenges and issues. Want to make sure your family, assets and best interests are protected? Contact Espronceda today! She is an experienced San Antonio military divorce attorney who will guide you through every critical step of the divorce process.
Military Divorce Benefits
In San Antonio (TX), military divorces are not very different from civilian divorces. However, the division of military benefits during a divorce can vary depending on several factors, such as:
Military Retirement Pay
The Uniformed Services Former Spouse Protection Act (USFSPA) decides how much of the military person’s retirement pay the former spouse receives. To be eligible for this benefit, the marriage must have lasted for a minimum of ten years.
Division of Property
Property division for a military divorce typically occurs in the same fashion as a civilian divorce. Here, the community property rule is applicable, which means the property acquired during the marriage is owned equally by both spouses.
Spousal Support
In a military divorce, a spouse may be awarded alimony or spousal support, depending on the circumstances. The length of the marriage, the earning capacity of each spouse, and their financial needs are considered when determining the amount.
Healthcare Benefits
If the marriage meets the 20/20/20 rule, the non-military spouse may be entitled to TRICARE medical treatment and health insurance. If the spouse does not meet the TRICARE requirements, they can purchase insurance for up to 36 months after the divorce.
Whether you are a service member or a military spouse, you can reach out to us for all sorts of legal assistance with your divorce.
San Antonio Military Custody Issues Attorney
A military divorce becomes a lot more complex when the custody of children is involved in it. In most cases, it requires both parents to consider what is in the child’s best interests, not just their own. Things get even more complicated when the military parent is deployed or stationed far from home. Our San Antonio military divorce attorney can guide you through these complexities and protect your child custody rights.
At Espronceda Law, we have experienced attorneys who worked on numerous child custody cases. Our experience in resolving custody disputes in military families allows us to understand the unique requirements of your military custody issue. Our legal experts can prepare a personalized strategy to help your case and arrive at an agreement that is in the best interest of your child.
Whether you need to negotiate with your ex-spouse or want an experienced attorney to represent your case at a child support hearing, we can take the necessary steps to fight for your rights and deliver the results you need. We work closely with you to understand your custody needs and offer our valuable advice on what options are available to you. However, you are always in charge of how to proceed with the custody case.
Military Divorce FAQs
Are Military Divorces Different from Civilian Divorces?
Military divorces in Texas involve some unique complexities that separate them from civilian divorces. For example, jurisdiction for filing a divorce can be based on where the service member is stationed, where the non-military spouse resides, or where they claim legal residency. These divorces must also address the division of military retirement benefits. The division of military pensions is often based on the length of the marriage and the overlap with military service. Child custody in these divorces is considered in the best interests of the child. At the same time, it considers the parent’s military duties and potential deployments.
How Do You File For Divorce in the Military?
To file a military divorce in Texas, you must have been a resident of the state for at least 180 days and a resident of the country you are filing in for 90 days. You need to provide your active-duty military spouse with a legal notice in person. The notice must show that an action has been filed in federal court. After serving the pleadings personally to your spouse, you must file an affidavit of service with the court. The final verdict is issued after a 60-day waiting period following the filing.
How Is Child Custody Determined in a Military Divorce?
In a military divorce in Texas, child custody considers the best interests of the child, with a focus on the parent’s military duties and potential deployments. The Texas Family Code presumes that appointing both parents as joint managing conservators is in the child’s best interest unless there is a history of family violence or neglect. The code also addresses how to handle situations when a military parent is deployed, mobilized, or transferred for temporary military duty to a location far from home. Besides these points, child support in a military divorce is determined in the same way as civilian parents.
Can a Military Spouse Keep Their Military ID After a Divorce?
The entitlement to retain the military ID card after a divorce can vary depending on several factors. If you meet the requirements of the 20/20/20 rule, you will be eligible to retain the card after a divorce. If you do not meet the requirements of the 20/20/20 rule but meet the criteria of the 20/20/15 rule, you may still be eligible for temporary military ID card privileges. In some cases, you may be eligible for a former spouse ID card even if you do not meet the requirements of the 20/20/20 or 20/20/15 rule. Consult a military divorce attorney to learn about the rules.
What Is the 20/20/20 Rule for Military Divorce?
According to the 20/20/20 rule for military divorce, you must meet three criteria. You must have been married to the service member for at least 20 years. Your spouse, the service member, must have served for at least 20 years. Lastly, there must be a minimum of 20 years’ overlap of the marriage and the service period. If you meet these criteria, you may be able to keep your military ID card while retaining certain military benefits, such as healthcare and commissary privileges. Non-military spouses can enjoy these benefits after divorce, provided they do not remarry.
How Long Does a Military Divorce Take?
In Texas, divorces are subject to a 60-day waiting period. So, technically, the fastest a divorce can be finalized should be in 61 days. Unfortunately, it takes several months to a year to finalize these appeals, especially if there are children involved. For military divorces, it takes about 5 months to a year to get a final decree, depending on the circumstances and your spouse’s willingness to compromise. Talk to a divorce lawyer to understand all the legal procedures and do all the necessary things to make the divorce process smoother if you want to get the final decree soon.
Can an Ex-Wife Claim My Military Pension Years After Divorce?
The Uniformed Services Former Spouse Protection Act (USFSPA) allows the state of Texas to treat military disposable retired pay as marital property. So, the pension amount can be divided during divorce. The amount of money the former spouse is entitled to will be determined by the judge who renders the final divorce decree. The maximum amount that can be paid to a former spouse is 50% of the service member’s disposable retired pay. For the former spouse to claim your military pension, the marriage must have been for at least 10 years, and you must have served in the military for a minimum of 10 years.
How Long Do You Have to Be Married to Get Military Benefits After Divorce?
When you are married to a military person in Texas, you get to enjoy a number of military benefits. However, if you choose to file a divorce, you may still be able to enjoy some of those military benefits after divorce. To be eligible for retirement pay in a Texas military divorce, you need to be married to a military person for at least 10 years. You may also retain your military ID card after a divorce and enjoy commissary, exchange, and healthcare benefits if you meet the requirements of the 20/20/20 rule. For this, you need to be married for at least 20 years.