Military Divorce
Military Divorce Attorney in San Antonio – The Castro Law Office
Military divorces present unique challenges that require an in-depth understanding of both Texas family law and federal military regulations. At The Castro Law Office, we have extensive experience representing military service members, spouses, and former spouses in divorce and family law matters across Bexar County and the surrounding areas.
If you are a military service member or spouse facing divorce, our firm is committed to protecting your rights and financial future while ensuring compliance with state and federal laws.
Special Considerations in Military Divorce
Divorces involving active-duty military members or veterans often include additional complexities that civilian divorces do not. Some of the most common issues in military divorce include:
- Division of Military Retirement Benefits (including SBP elections)
- Child Support Calculations under Texas law
- Child Custody & Visitation Challenges (especially with overseas deployment or TDY)
- Rights Under the Servicemembers Civil Relief Act (SCRA)
At The Castro Law Office, we provide strategic legal guidance to ensure that all aspects of a military divorce are handled correctly and efficiently.
Understanding Military Retirement & Divorce
One of the most misunderstood aspects of military divorce is the division of military retirement benefits. Many service members mistakenly believe that a spouse is not entitled to a share of military retirement unless the marriage lasted at least 10 years. This is not true.
- Texas courts determine how military retirement is divided as community property, subject to federal limitations.
- VA disability benefits cannot be divided as community property under federal law.
- The 10/10 rule applies only to direct payments from DFAS (Defense Finance and Accounting Service) to a former spouse—not whether they are entitled to a portion of the retirement itself.
- The Survivor Benefit Plan (SBP) election must be carefully considered during the divorce process, as it impacts financial security after a service member’s passing.
If you are navigating military retirement division, our firm will ensure that your legal rights are protected and clearly defined in the divorce decree.
Custody & Visitation for Deployed Service Members
Military parents often face challenges related to custody and visitation, especially when deployed overseas or assigned to a temporary duty station (TDY).
- Texas law allows for custody modifications if a parent’s deployment affects their ability to fulfill their parenting time.
- A well-structured parenting plan can help protect service members’ parental rights during and after deployment.
- Virtual visitation arrangements may be included to maintain a strong parent-child relationship during service-related absences.
Our firm will work diligently to safeguard your parental rights while ensuring that your child’s best interests remain the priority.
Protections Under the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) provides essential protections for military personnel involved in legal proceedings.
- Active-duty service members can request a delay in divorce or custody proceedings if their military obligations prevent them from attending court hearings.
- Courts must ensure that military members are not unfairly disadvantaged due to their service commitments.
If you are deployed or stationed overseas, we will aggressively assert your rights under SCRA to ensure fairness in your case.
Enforcing Military Divorce Orders
Disputes can arise after a divorce when a former spouse does not receive their rightful share of military retirement benefits. Common enforcement issues include:
- A retired service member failing to make required payments to a former spouse.
- Confusion regarding the proper calculation of benefits under Texas law.
- Missed filing deadlines that could affect a former spouse’s ability to collect benefits.
It is crucial for both the retired service member and the former spouse to understand their obligations immediately upon retirement. If you believe you are owed unpaid military retirement benefits, or if you need to protect yourself from unfair claims, we can help you navigate the enforcement process.
Why Choose The Castro Law Office for Your Military Divorce?
At The Castro Law Office, we bring extensive experience and a deep understanding of military family law to every case. We represent both active-duty service members and military spouses in all aspects of family law, including:
✅ Military Divorce & Property Division
✅ Child Custody & Visitation for Service Members
✅ Child Support & Modification
✅ Military Retirement & SBP Issues
✅ SCRA Protections & Deployment Considerations
✅ Enforcement of Divorce & Custody Orders
Consult a Trusted Military Divorce Attorney in San Antonio
If you are a military service member or spouse facing divorce, you need a dedicated legal advocate who understands the complexities of military family law. At The Castro Law Office, we are committed to providing effective representation to ensure that your rights and interests are fully protected.
📞 Call us today for a consultation and let us help you navigate the military divorce process with confidence.