military divorce

Military Divorces in San Antonio

Military Divorce Attorney

Divorce is complicated. However, with the added complexities that come from being a military member or having a spouse that is, those complexities can quickly become overwhelming. Of course, in a military divorce, looking at the different laws will require careful scrutiny if you wish to have a successful divorce. In Texas, military divorces are still under the laws of the “community property state,” meaning that San Antonio courts will attempt to divide all assets and property fairly, taking into account the relative circumstances of the parties.

The key to ensuring that you have an equitable share of the assets and property after the divorce is understanding military laws thoroughly and how they factor into the divorce. Having a San Antonio military divorce attorney will aid you in understanding the law as well as preparing financial and legal documentation to begin the divorce. Some of the major issues in military divorces are the division of military retirement benefits, child support and other financial obligations, child custody and visitation, , and so much more. With this in mind, it is important to sit down and consider every aspect of the divorce to understand what you want and what is best for your family.

If you are a military member, keep in mind that the Service Members Civil Relief Act protects military members from various obligations while deployed overseas. What this means, in terms of the divorce, is that a military member has the rights to postpone the divorce and take other necessary steps to protect their interests during a divorce. Ultimately, a military divorce attorney will use their experience to navigate you through the various factors of your case.

Divorce Military Retirement Attorney

Military retirement pensions are the cause of much strife during and after a divorce. If you are the spouse of a military member, you may be concerned for your and your children’s future welfare. In many cases, the spouses of military members need to stay at home to take care of the children while the spouse is deployed – which is why these spouses need to be financially supported even after the divorce. Whether you are the military member or the spouse of one, a divorce military retirement attorney will have the tools to make sure that your financial future is stable.

It is important for you and your spouse to understand the rights that each of you has. For spouses of military members, the Uniformed Services Former Spouses’ Protection Act allows retirement pensions to be treated as marital property. In San Antonio courts, the maximum amount of retirement pension that a spouse can receive is fifty percent, reflecting the state’s goal of equitability in divorce law. Of course, this may not include the amount of the retirement pension that will be allocated, if need be, to child support. For military members, it is important to know all the benefits that you will receive once you are retired so that you will know how much you have to contribute to your family after the divorce. In this respect, you will be able to strategize with you San Antonio divorce military retirement attorney on the best course of action to make sure you leave the divorce feeling financially secure.

Steve Hearne, Attorney at Law, provides excellent service in San Antonio, Bexar County and surrounding areas.