Military Divorce Attorneys In San Antonio, Texas

Last updated on April 9, 2025

When facing the complexities of a military divorce, working with an experienced attorney is crucial. The legal process differs from civilian divorce, requiring specialized knowledge of federal and state laws that govern military family separations. A skilled military divorce lawyer can protect your rights and interests.

Kell and Quilty, PLLC, is a highly respected law firm in San Antonio, Texas, that provides legal representation in military divorce cases. With years of experience handling military family law matters, our attorneys understand the unique challenges service members and their spouses face during divorce. If you need a skilled San Antonio military divorce lawyer, our team is here to protect your rights and guide you through the process.

Understanding Military Divorce

State and federal laws govern the military divorce process and can vary depending on the service member’s career circumstances.

Military divorce laws help ensure service members receive the protections they deserve while also considering the best interests of the family, including children and spouses.

While military divorce in Texas is subject to the same basic principles as civilian divorce, it is essential to understand the factors that come into play, especially regarding residency requirements, asset division and military benefits.

Unique Challenges In Military Divorce

Military divorces are not like regular civilian divorces. They have their own special rules and challenges. For example, if you are in the military, you might have to deal with issues like deployment and how it affects child custody and child support. Also, there are certain military benefits, like health care and pensions, that need to be divided between spouses in a specific way.

These factors make the military divorce process even more complicated. That’s why it’s really important to have a lawyer who knows all about military divorces. They can help guide you through the special laws and rules, making sure you are treated fairly. So, if you are in the military and considering divorce, it’s crucial to consult an expert in military divorce law.

Additionally, military service can affect how divorce proceedings are conducted. For example, a deployed service member may be unable to attend court hearings, potentially resulting in delays or postponements of vital decisions.

Also, the stress of military life, including frequent relocations and extended absences, can strain relationships, making divorce a more complex and emotionally charged process. Our military divorce attorney will help protect the service member’s rights while balancing the needs and interests of the spouse and children involved.

Division Of Military Retirement Benefits

The service member’s pension is one of the most valuable assets and must be divided fairly between the parties involved. The rules governing the division of military pension and military divorce retirement can be complicated, requiring careful legal guidance so that both parties understand their rights and responsibilities.

Survivor Benefit Plan (SBP)

In a military divorce, the Survivor Benefit Plan (SBP) helps ensure that a former spouse continues to receive financial support after the service member’s death. The SBP is a government-sponsored program that provides a monthly annuity to the spouse of a retired service member.

SBP elections must be made at the time of divorce so that the former spouse is covered after the service member’s death. If no election is made, the spouse may lose out on the ability to receive financial support from the pension.

Former spouses can also remain eligible for coverage under the SBP, depending on the terms of the divorce agreement. However, there are strict time limits for electing SBP coverage. If a former spouse fails to make a claim within one year of the divorce, they may forfeit their right to survivor benefits.

Uniformed Services Former Spouses’ Protection Act (USFSPA)

The USFSPA was enacted to protect the rights of former spouses of military service members. It gives courts the authority to divide military retired pay and grant certain benefits like health care and access to military exchanges and commissaries.

Under the USFSPA, former spouses may retain access to certain military benefits, such as health insurance (Tricare) and access to military stores, provided they meet the required eligibility criteria. The duration of the marriage and the overlap with the service member’s military service will determine whether the former spouse is entitled to these benefits.

The USFSPA also governs how retired military pay is divided. This division is based on the length of the marriage and the service member’s military service.

Child Custody And Visitation Rights

In a military divorce, military child custody arrangements can be more complicated than civilian custody cases. The service member’s deployment, frequent relocations and the challenges of maintaining relationships with children from afar must all be considered. Also, military visitation rights can be affected by the unpredictable nature of military service.

Custody Arrangements During Deployment

When a parent is deployed, traditional custody arrangements may need to be modified to account for the service member’s absence.

Service members may be unable to fulfill their role as a parent during deployments. In such cases, the court can grant temporary custody to the other parent or a designated relative. The military child custody process includes specific steps to help ensure the child’s needs are met while maintaining their relationship with the deployed parent.

Additionally, military members may face challenges with visitation rights during their deployment. Some courts allow virtual visitation through technology, such as video calls, to help maintain the parent-child bond. However, the court will always prioritize the child’s best interests when making these decisions.

Legal Protections For Service Members

The Servicemembers Civil Relief Act (SCRA) provides legal protections for service members going through divorce. This act was designed to ease the burdens on service members who are unable to participate in legal proceedings due to their military obligations.

Servicemembers Civil Relief Act (SCRA)

The SCRA offers various protections for service members during divorce proceedings. Among other things, the act can prevent default judgments from being entered against a service member who is unable to attend court due to military duties.

Additionally, the SCRA can delay divorce proceedings, allowing service members to focus on their military responsibilities without being forced into making rushed decisions.

The SCRA protections also allow for the postponement of divorce proceedings. A service member can request a delay if they are unable to participate in the case due to deployment or other military service obligations.

Strategic Considerations For Filing

In military divorces, where and when you file can impact the outcome of your case. The timing of the divorce can affect everything from the division of military retirement benefits to the eligibility for particular military benefits post-divorce.

Timing Of Filing

The timing can influence:

• How military pensions are divided
• The length of time benefits available
• The eligibility for coverage under programs like the Survivor Benefit Plan

Filing at specific times, such as just before or after a deployment or a change in military status, can have legal implications. A military divorce attorney can provide feedback on the optimal timing for your situation.

When filing for divorce, service members must also consider where to file. You may have the option to file for divorce in the state of your residency or in the state where you are stationed. Jurisdiction in military divorce can affect everything from property division to custody arrangements.

Division Of Property And Debts

The division of military property and allocation of military divorce assets involves understanding how military benefits and pensions are treated under the law while addressing any military divorce debts accrued during the marriage.

Thrift Savings Plan (TSP)

The Thrift Savings Plan (TSP) is a retirement savings account for service members, and its division can affect the financial future of both spouses. A military divorce attorney will work to ensure that TSP funds are divided equitably, considering federal regulations and state-specific guidelines for the division of military property.

Disability Compensation

VA disability compensation, a benefit provided to service members for service-related injuries, is also considered in divorce settlements. Although VA disability compensation is protected from division as a marital asset, its impact on overall financial settlements cannot be ignored. Courts will consider the effect of disability compensation when determining alimony and support, helping ensure the military divorce debts and obligations are handled fairly.

Health Insurance And Benefits

Military divorces also involve complex decisions regarding health insurance and other benefits that service members and their spouses rely on.

Military Health Insurance

In many cases, the nonmilitary spouse may lose access to Tricare once the divorce is finalized unless specific arrangements are made. Courts and legal professionals must work together to help ensure both parties can secure alternative coverage if necessary and that the loss of Tricare does not result in undue financial hardship.

GI Bill Benefits

The GI Bill benefits divorce issue centers on nontransferable education benefits post-divorce. While the GI Bill provides excellent educational opportunities for service members, its benefits may be impacted by divorce.

Courts may consider the future educational needs of any children or service members during settlement discussions, though the benefits usually remain with the service member.

Frequently Asked Questions About Military Divorce

To help military families understand the most important aspects of divorce, here are answers to some of the most asked questions.

Contact Us

If you are facing a San Antonio military divorce, it is important to contact a military divorce attorney.

Schedule A Consultation

We strongly encourage you to take the next step in navigating your military divorce by scheduling a consultation with our specialized attorneys in San Antonio, Texas. Our experts are well-versed in the unique challenges that military divorces entail and are committed to providing you with personalized legal solutions tailored to your individual circumstances.

If you are in the military or are a military spouse, we offer several convenient ways for you to reach us. You may call us at 210-904-0282 or fill out our contact form to arrange for a confidential consultation.