If you need help with military divorce matters, we’re here for you! Reach out to us today to schedule a meeting and talk about your situation. Don’t hesitate to contact us – we’re here to help!
Military divorce doesn’t always follow the same path as civilian divorce. Your service, deployments, benefits, and base assignments can all shape the process in ways that aren’t immediately obvious. From figuring out where to file, to how retirement pay or healthcare access is handled, there are specific rules that apply when one or both spouses are in the military. If you’re based in San Antonio or stationed nearby, it’s important to know how Texas law interacts with federal protections and military-specific benefits.
At Family Matters Law Firm PLLC, we help military families make sense of their divorce from start to finish. You won’t get generic answers or one-size-fits-all advice; our San Antonio military divorce attorney can sit down with you, talk about your situation, and help you create a plan that works for your life now and in the future. If you need a team that will represent your rights with focus and care, and help you move forward with confidence, our San Antonio family law attorneys are ready when you are.
Contact us today at (210) 997-2914 to schedule a conversation about your next step.
Military divorce in Texas comes with unique legal considerations, especially when you’re balancing military duties and family responsibilities. If you’re in San Antonio and thinking about ending your marriage while serving or being married to a service member, it’s important to understand how Texas laws apply.
Texas law applies to military divorces just as it does in civilian cases, but there are extra legal layers added when at least one spouse is in the military. These federal protections are designed to prevent unfair legal proceedings when someone is actively serving.
The Servicemembers Civil Relief Act (SCRA) plays a key role here. It allows active-duty service members to temporarily pause court proceedings, including divorce, if military duties prevent them from participating. This means that if you’re serving and can’t attend hearings or respond to filings right away, you won’t be penalized just because you’re doing your job.
Texas family courts also respect the military’s structure when it comes to dividing benefits. For example, the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as community property, which means it may be divided between spouses, but only under certain rules. You don’t automatically receive a share just because you were married to a service member; other factors, like the length of marriage overlapping with military service, matter a great deal.
To file for divorce in Texas, either you or your spouse must have lived in the state for at least six months and in the county where you plan to file for at least 90 days. However, under Texas Family Code Section 6.304, if you’re stationed at a Texas military base, that counts as residency even if you’re not a permanent Texas resident.
When your spouse is deployed overseas, serving them with divorce papers may require compliance with international treaties such as the Hague Service Convention. In some cases, the spouse can sign a Waiver of Service, which simplifies the process.
Procedurally, many Texas courts accommodate remote participation in hearings through video conferencing, although time zones and connectivity may complicate scheduling. Clear documentation, communication, and legal coordination are essential to keep proceedings on track despite geographic separation.
Military divorce isn’t just about separating assets or deciding custody, it’s about securing your future while honoring your service. If you’re facing a divorce in San Antonio, the team at Family Matters Law Firm PLLC is ready to support you with the clarity and direction you deserve. Let a dedicated San Antonio military divorce attorney help you make informed decisions that reflect both your military commitment and your family goals.
Call us today at (210) 997-2914 to start a conversation that puts your priorities first.
Linda Leeser and her staff are always very helpful, knowledgeable and friendly. They always showed great concern and really take time to listen to their clients. I would defiantly come to her again with legal assistance or advice.
Based on Google Reviews
I’ve used Linda Leeser on 2 separate occassions and she has always taken her time to answer all my questions and has provided good legal advice while demonstrating a very strong understanding of the law. She is very timely and professional and I would work with her again.
Based on Google Reviews
Linda and her team were very professional, helped me in every way possible..quick responsively Answered all of my questions..made this experience very fast and easy Thank you for you’re patience and assistance Highly recommended
Based on Google Reviews
Linda is exceptionally knowledgeable and professional. I recommend her highly. She met all of my requirements – full of knowledge, excellent listener, compassionate and thorough. 5/5!
Based on Google Reviews
If I can leave a million stars I would. Took my case in a short notice head on and crushed it. Being from out of state had me worried and I didn’t know that to do until I came across Linda. From the very first phone call, the knowledge she showed was out of this world and I knew I was in the right spot. Very professional, straight up and to the point. Kept in contact with me through the whole process from the first phone call to the last. Answered everything question thoroughly and made sure I understood everything as well. I wouldn’t hesitate to come back to her in the future. Thank you Lisa!
Based on Google Reviews
Schedule a Consultation
Seeking an Experienced Attorney? Look No Further!
At Family Matters Law Firm PLLC, we provide legal guidance and personalized attention for your unique needs. Contact us today to schedule a consultation – let’s secure the results you deserve!
Schedule a Consultation
Military divorce in San Antonio follows many of the same legal steps as any other divorce in Texas, but the experience can look and feel very different. If you or your spouse is in the military, your divorce may involve unique timing challenges, jurisdiction questions, and benefit considerations that don’t come up in a civilian divorce. Knowing where those differences show up can help you make informed decisions about what to expect.
Service-related protections and delays often play a role. As mentioned, under the Servicemembers Civil Relief Act (SCRA), active-duty service members may request a temporary pause in divorce proceedings if their duties prevent them from participating fully. This is something civilian spouses don’t deal with, but it can significantly impact timelines when one spouse is deployed or stationed in a demanding post.
Filing jurisdiction is another key difference. In a civilian divorce, the person filing typically does so where they live. But for military families, where you can legally file depends on a mix of your legal residence, your spouse’s residency, and where you’re stationed. If you’re serving at Joint Base San Antonio, you may meet Texas’ residency requirements even if your official home of record is another state.
Serving divorce papers can also be trickier. When one spouse is on active duty, especially overseas, it’s not always simple to deliver legal documents. In some cases, the court may delay the case until proper service can happen or until the deployed spouse returns.
Retirement and benefits are another big difference. Military pensions, TRICARE coverage, and base privileges can all be impacted in a divorce, and they come with specific rules like the “10/10 rule” or the 20/20/20 rule for continued access. Civilian divorces don’t involve federal benefits in this way, so military spouses need to be aware of how the law treats those entitlements.
Custody and visitation arrangements can also be more complicated. If you’re a service member with deployment obligations or a changing PCS schedule, your parenting plan needs to be more flexible. Texas courts allow for customized orders that accommodate long-distance or virtual parenting time, something less commonly needed in civilian cases.
Military divorce in San Antonio isn’t just about ending a marriage, it’s about protecting your future while respecting the demands of military service. If you’re facing this process, having someone who can walk with you through the legal steps and military-specific rules can help you feel more grounded and prepared. Let Family Matters Law Firm PLLC help you take control of the next chapter. Contact us today at (210) 997-2914 to set up a consultation that focuses on your needs, your family, and your peace of mind.
| Aspect | Civilian Divorce in San Antonio | Military Divorce in San Antonio |
|---|---|---|
| Service-Related Delays | No service-related legal protections or pauses in proceedings. | Servicemembers Civil Relief Act (SCRA) allows active-duty members to request delays if duties prevent participation. |
| Filing Jurisdiction | File where the person lives. | Filing depends on legal residence, spouse’s residency, and station location (e.g., Joint Base San Antonio may qualify even if home of record is elsewhere). |
| Serving Divorce Papers | Standard serving process within the state. | More complex if spouse is on active duty, especially overseas; courts may delay until proper service is possible. |
| Retirement & Benefits | No federal military benefits involved. | Military pensions, TRICARE, base privileges affected; subject to rules like 10/10 and 20/20/20. |
| Custody & Visitation | Typically based on local, stable living situations. | Requires flexibility for deployments, PCS moves, and may include long-distance or virtual parenting arrangements. |
San Antonio’s military families face distinct legal challenges when divorce becomes part of the equation. Attorney Linda Leeser, founder of Family Matters Law Firm PLLC, offers a powerful combination of lived experience and legal acumen to those navigating these sensitive transitions. Linda brings unmatched determination and personal investment to every case.
Her practice is deeply rooted in service, both to her community and to families who serve the nation. Linda’s background in civil, criminal, and family litigation gives her a strategic edge when dealing with military divorces involving jurisdictional disputes, retirement benefits, and child custody under deployment conditions. Based in San Antonio, she has a firm grasp of the region’s military legal landscape and a deep respect for the service member’s experience.
Need an experienced attorney? Contact us for top-notch legal representation and guidance.
Family Matters Law Firm PLLC offers personalized legal guidance to meet your unique needs. Contact us today to schedule a consultation and let us help you secure the results you deserve!
When you’re going through a military divorce in San Antonio, the Servicemembers Civil Relief Act (SCRA) adds important safeguards. It’s federal law that supports active-duty service members like you during family law matters such as divorce.
The SCRA makes sure you’re not penalized simply because of your service. Texas courts often grant a stay of proceedings, pausing your case for at least 90 days if active duty interferes with your ability to appear.
It also blocks default judgments; the court won’t finalize a divorce just because you couldn’t respond in time due to deployment or military commitments. You could even have a court-appointed attorney stand in if your whereabouts are unknown.
For matters involving kids, the court can adapt custody or support orders instead of penalizing you for service-related absence. All of this gives you space to handle your military duties first, and your divorce, when you can.
You can file a motion requesting a stay based on how your service “materially affects” your involvement in the case. Often, that initial pause lasts at least 90 days. Under Texas law, if your duty continues to prevent your participation, the court can extend any delay through the active-duty period and up to 60 days after.
That means you’re protected during deployments, training, or overseas assignments. No rush. Courts will respect the timeline you need.
If you and your spouse are in full agreement on divorce terms, you have the option to waive SCRA protections. In Texas, that waiver must be in writing, often on a court-approved form, declaring that you give up your right to automatic delays and the appointment of a lawyer.
Once filed, the divorce can move at a civilian pace. That’s ideal if you’re both on the same page and want to wrap things up quickly with minimal delay.
You don’t have to worry about defending your rights while managing military obligations. An experienced military divorce attorney from Family Matters Law Firm PLLC in San Antonio can help you handle SCRA protections, request postponements when needed, and guide you through uncontested divorce filings with confidence.
Connect with us today; your legal protection should be as strong as your commitment to service.
Learn More
Military retirement benefits can become a valuable asset that’s often one of the most important parts of your divorce. If you’re going through a military divorce in Texas, knowing how retirement benefits are divided can make a big difference in how you plan for your future.
The USFSPA allows Texas courts to treat military retirement pay as community property. That means if you earned retirement during your marriage, your spouse may be entitled to a share. This doesn’t mean an automatic 50/50. Texas judges have discretion to divide the community portion in a way they find just and fair based on your marriage, service, and individual circumstances.
What’s important is that this federal law gives the state court permission; federal laws don’t control how the benefit is divided. So your specific outcome will depend heavily on how your case is presented and what evidence supports your position.
The portion of retirement that can be divided is called “disposable retired pay.” This is your gross retirement pay minus certain deductions like:
Only the disposable amount is considered when dividing retirement in your divorce. Texas courts usually use a time-based formula to calculate your spouse’s share. For example, if you served for 20 years but were married for 10 of those, the community portion would be half, 10 out of 20 years. Your spouse may then receive half of that half, or 25% of the total disposable retired pay. But again, that number could be adjusted based on other facts in your case.
If you’ve been married for at least 10 years and those 10 years overlapped with 10 years of military service, your former spouse can receive their share of your retirement directly from the Defense Finance and Accounting Service (DFAS).
This is called the 10/10 rule. It doesn’t affect how much your spouse receives, it just changes who writes the check:
Direct payments from DFAS can reduce financial tension between ex-spouses, especially when retirement is a long-term source of income.
Howell v. Howell (2017) clarified that VA disability benefits are not divisible in divorce. Service members may waive part of their military pension for tax-exempt VA payments, reducing what a former spouse receives in retirement share.
Military retirement ends when the service member passes away, unless there’s a Survivor Benefit Plan (SBP) in place. This is an annuity that can be elected during divorce to provide continued income for a surviving current or ex-spouse after your death.
Here’s what you should know:
In Texas, the SBP is not considered an automatic benefit awarded to a former spouse. However, it can be negotiable and sometimes used as leverage in property division or spousal support discussions. Timing matters; elections for SBP must be submitted to DFAS within one year of the divorce being finalized, or the right to it could be lost.
Military retirement decisions carry a long-term impact. If you’re stationed in San Antonio or call Texas home, the attorneys at Family Matters Law Firm PLLC are ready to support you, from calculating community shares to structuring your divorce decree to protect future income. Let’s talk through your options and build a plan that reflects your service and secures your peace of mind.
Military service often brings distance, deployment, and unpredictable schedules, and that can make custody planning feel overwhelming. In Texas, courts consider your role as a parent and your military responsibilities carefully. You still have a right to be present in your child’s life, even if you’re stationed far from home or preparing for a permanent change of station (PCS). Here’s how custody and visitation are handled for service members like you.
When you’re deployed, you can’t always follow the standard possession schedule, but that doesn’t mean you lose your parenting time. Texas law allows for temporary changes while you’re away, helping protect your role in your child’s life.
You can:
Courts in San Antonio recognize that military parents serve in demanding roles. So if you’ve been called to duty, the judge may issue temporary possession orders that preserve your parenting rights and maintain your child’s connection to your family. When you return, you can request to resume your original schedule or make changes based on new circumstances.
Being stationed out of state, or even overseas, doesn’t mean your parenting relationship ends. Texas courts allow long-distance visitation arrangements that can adapt to your military schedule.
These might include:
These options are especially helpful when one parent remains in San Antonio while the other is assigned elsewhere. Courts want both parents to stay involved, so they often approve customized schedules that support consistency, stability, and emotional connection.
If you’re receiving PCS orders or a reassignment, you may need to modify your current custody order. Texas allows changes when there’s a material and substantial change in circumstances, and military relocation usually qualifies.
To modify custody or visitation, you’ll need to:
Judges may consider the distance, your new work schedule, and the child’s needs. If the other parent agrees, the process can move quickly. If not, the court will make a decision based on how the move affects your child’s stability, education, and emotional well-being.
Your commitment to both your country and your child shouldn’t be a trade-off. If you’re facing custody concerns in San Antonio due to deployment or relocation, Family Matters Law Firm PLLC can help you create parenting arrangements that reflect your service and support your relationship with your child. Let’s work together to protect what matters most to you.
If you’re a military parent going through a divorce in Texas, child support is likely one of your biggest concerns. It’s about more than monthly payments – it’s about doing what’s right for your child, even when your income includes BAH, BAS, and other allowances. In San Antonio courts, military income is treated with care, and the law provides tools to calculate and enforce child support fairly.
Texas follows state guidelines to calculate child support, and military pay is fully included in that process. This means your basic pay and allowances aren’t left out – they’re part of the bigger picture used to determine how much you may owe or receive.
The court will look at:
Your total income, including these components, is used to apply the Texas child support percentage. For one child, that’s typically 20% of your net resources, but it can vary if you have multiple children or unique financial responsibilities. Courts want the result to be reasonable and sustainable for both you and your child.
Once the court issues a child support order, military members are subject to the same enforcement rules as civilians, plus a few additional ones unique to federal service. The Defense Finance and Accounting Service (DFAS) can process wage garnishment directly from your military pay.
This happens through:
The process is structured, but there’s room to work with your attorney if adjustments are needed. If your pay changes due to reassignment, deployment, or separation from service, you can request a modification. Staying proactive can help avoid enforcement issues down the road.
Military families deserve fair treatment and steady support for their children. If you’re stationed in San Antonio and facing child support questions during divorce, Family Matters Law Firm PLLC can help you make sense of DFAS rules and build a child support plan that works with your military income. Let’s make sure your child’s needs are covered while keeping your obligations manageable.
Military divorce in Texas follows the same basic rules as civilian divorce when it comes to property division, but your situation may have some added layers. If you’re stationed in San Antonio or serving while going through a divorce, you’ll want to understand how Texas courts look at property, assets, and debts acquired during your marriage.
Texas is a community property state, which means the court assumes that most property acquired during your marriage belongs to both spouses equally. But that doesn’t mean everything is split down the middle.
Here’s how the court typically classifies property:
Military pay, bonuses, and retirement benefits earned during the marriage usually count as community property, even if they’re in your name only. If there’s disagreement over whether something is separate or community property, clear documentation and careful presentation can make a big difference.
Once the court decides what property is community, the next step is valuing and dividing it in a “just and right” way – not necessarily 50/50, but fair based on your specific circumstances.
The court considers:
In military divorces, it’s common for one spouse to have limited access to income due to relocations or career sacrifices. Texas courts may take that into account when dividing the marital estate. If deployment, PCS orders, or time in service complicates property records or financial disclosures, those issues can be addressed clearly through your attorney.
Military service adds another layer to dividing property, but you don’t have to face it alone. If you’re going through a divorce in San Antonio, the team at Family Matters Law Firm PLLC can help you clarify what’s community, what’s separate, and how to reach a fair outcome. Let’s make sure your hard-earned assets are protected and your future is on solid ground.
If you’re going through a military divorce in Texas, questions about financial support and continued access to military privileges can weigh heavily. These benefits don’t always disappear with the end of the marriage, but they do change. Knowing what you may qualify for after divorce can help you prepare for the road ahead, especially if you’ve supported your spouse through deployments, relocations, or career sacrifices.
Spousal maintenance in Texas is an option when one spouse can’t meet basic needs using community property and income. It’s not automatic; the court looks at factors like:
You may qualify if you lack earning ability after the split, especially after sacrifices made for your partner’s service, but the path forward needs to be built carefully, with a clear view of responsibilities and finances.
Health coverage is a major concern after divorce. TRICARE eligibility depends on a federal standard called the 20/20/20 or 20/20/15 rule:
Children, though, typically remain covered until age 21 even if you lose TRICARE yourself. If you don’t meet those thresholds, you may still qualify for temporary coverage under the CHCBP, which functions similarly to the Consolidated Omnibus Budget Reconciliation Act (COBRA) Continuation Coverage. This gives you time to adjust and explore long-term health coverage options while maintaining access to familiar care providers.
Military life touches everything, even divorce. When your spousal support, TRICARE, and base access are on the line, you deserve a voice in San Antonio. Our team at Family Matters Law Firm PLLC can help you present the facts clearly, protect your rights to health care and support, and hold on to benefits you’ve earned through service.
Contact us today at (210) 997-2914.
Schedule a Consultation
Schedule a Consultation
San Antonio is home to thousands of military families, and we’re proud to stand with you. We’ve worked closely with service members stationed at Joint Base San Antonio and beyond, as well as with spouses who’ve devoted years to supporting their partners through deployments, relocations, and transitions.
We take the time to listen, to really understand what’s important to you and how your military life has shaped your circumstances. Our approach is responsive and personal. You won’t be shuffled between departments or left wondering what’s next. We communicate clearly and consistently, and we’re always just a phone call or email away.
From the moment you meet with us, our goal is to give you clarity. Military divorce can involve unique legal considerations, jurisdiction questions, SCRA protections, custody plans that work across time zones, and how military retirement or benefits are divided. We walk you through each part without overwhelming you.
We start with the groundwork: helping you define your goals and collecting the documents needed. As the process moves forward, we prepare everything from custody proposals to property division plans. If your divorce is uncontested, we help you finalize it quickly and efficiently. If conflict arises, we advocate for you with focus and professionalism.
Our team is here for the long haul, from the initial consultation to the final decree, and even post-divorce modifications if your military life brings changes later on. At Family Matters Law Firm PLLC, we’re here to guide military families in San Antonio with legal support that’s steady, informed, and fully focused on your goals.
Divorce can bring up a lot of questions, especially when military service is part of the picture. You may be thinking about your next duty station, your kids, your retirement, while also trying to protect what matters most to you right now. Having someone who understands how to move through this process with confidence can make all the difference.
At Family Matters Law Firm PLLC, we’re here to represent your rights, protect your interests, and help you make decisions that give you peace of mind, without adding stress to an already challenging time. If you’re ready to talk about your options, we’re here to help you take that first step.
Call us today at (210) 997-2914 to schedule your consultation.
