Guiding You Through the Military Divorce Process
There are special considerations in the divorce process if you or your spouse serve in the military. To understand your rights, it's important to consult a lawyer who understands both federal military law and your state's divorce laws.
I'm Jesse White, a family law attorney in San Antonio, Texas. I represent clients from all military bases in the San Antonio area, including Lackland Air Force Base, Randolph Air Force Base, Brooks City-Base, Camp Bullis and Fort Sam Houston who are facing family law issues such as divorce and child custody disputes.
Division of Military Benefits
If you live in Texas, our state's laws will apply to the division of community property such as real estate, savings accounts and retirement benefits. However, the military will only mail a portion of your spouse's military retirement benefits directly to you if you meet the "10/10 rule": your spouse served at least 10 years in the military and you were married at least 10 of those years. As your lawyer, I can work around that limitation by seeking a state order requiring your spouse to pay you a portion of his or her retirement benefits.
The military provides medical benefits to divorced spouses if you meet the 20-20 rule: your spouse served at least 20 years in the military and you were married at least 20 of those years.
Spousal Support Requirement
Military law requires members of the military to support their spouse while a divorce is in process. This requirement is similar to interim spousal support provided under Texas law.
Abatement of Divorce During Active Service
Under federal law, the divorce process must be abated (or put on hold) while the military member is on active service. As your lawyer, I can still get the ball rolling so we are ready to proceed once the period of active service is over.
A Lawyer-Client Relationship Based on Trust
To discuss your concerns about military divorce with an experienced San Antonio family law attorney, call 866-207-6772 today or fill out the contact form on this Web site. Your initial consultation is free.
