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San Antonio Military Divorce Attorneys
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Compassionate Guidance in Military Divorce Matters
A divorce where one or both spouses are service members presents unique legal challenges. Along with all of the skills required by a divorce attorney for civilians, a military divorce attorney must also develop specific knowledge of federal laws and military regulations.
At Lishman Law, our attorneys have what it takes to support service members and their families before, during, and after divorce proceedings. We provide clear, strategic guidance and strong advocacy to our military clients throughout the San Antonio area.
Military Divorce in San Antonio: Unique Considerations
Military divorce cases in San Antonio are governed by both Texas state law and federal regulations, including the Uniformed Services Former Spouses' Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA).
These laws address topics like the division of military retirement benefits, child custody and visitation with deployed parents, and protections for servicemembers who face legal action while on active duty, including divorce proceedings.
Who Can File for Military Divorce in San Antonio?
To file for divorce in San Antonio, you must meet Texas residency requirements. Typically, one spouse must reside in Texas for at least six months and in Bexar County for at least 90 days.
Additionally, members of the military have other ways to meet residency requirements for divorce. For example, a servicemember who is stationed in Joint Base San Antonio on military orders may be able to establish residency even if they do not intend to remain in Texas permanently.
Alternatively, a service member who is currently stationed abroad or in another state can file for divorce in San Antonio as long as they have maintained their domicile here.
Serving Divorce Papers to a Service Member
Serving divorce papers to a service member can be more complex than serving a civilian. If the service member is stationed overseas or deployed, it may be necessary to obtain a waiver of service or seek assistance from military authorities to ensure proper service.
Key Issues in San Antonio Military Divorce Cases
Military divorce cases often involve unique issues that require specialized legal expertise:
- Dividing Military Retirement Benefits Under USFSPA, a former spouse may be entitled to a portion of the service member's retirement benefits.
- Child Custody and VisitationWhen one parent is deployed or stationed overseas, child custody and visitation logistics are more challenging.
- Alimony in Military DivorcesSpousal support follows state law, taking into account factors like the length of the marriage and each spouse’s earning capacity.
- Relocation with ChildrenService members’ assignments can change frequently and unexpectedly, leading to complications when children are involved.
As with other divorces involving children, family courts will consider the best interests of the child when making decisions, taking into account the impact on the child's relationship with both parents and the practical challenges each parent faces.
How the SCRA Protects Military Members
The SCRA provides certain protections to service members facing legal action while on active duty. These protections may include a stay of proceedings, limitations on default judgments, and protections against eviction and foreclosure.
Under the SCRA, you can petition to delay the divorce for a certain length of time, although petitions past 180 days are not guaranteed. You also have additional legal options if a default judgment for child custody or spousal support is granted against you.
We can handle the complicated logistics of your military divorce. Contact Lishman Law for a free case evaluation.
Contact us today for a free case evaluation. This is generally a 20 to 30-minute phone call wherein the attorney will discuss how military service will impact your divorce and pose unique needs for your family. This may include discussing how military retirement is divided in a Texas divorce, whether the servicemember is subject to frequent deployments or PCS, and how to characterize a servicemember’s disability benefits.
Why Choose Lishman Law for Your Military Divorce?
Lishman Law understands the unique challenges of military divorce and provides skilled and effective legal representation to service members and their spouses:
Experience with Military Regulations
We have a thorough understanding of USFSPA, SCRA, and other federal laws and military regulations that govern military divorce cases.
Understanding of Military Culture
We appreciate the unique demands and challenges of military life and are sensitive to the needs of service members and their families.
Advocate for Your Rights and Interests
Whether you are a service member or a military spouse, we will advocate for your rights and protect your best interests throughout the divorce process.
Our goals and yours are the same: to protect you, your children, and your future.
What Our Clients Say
Our Team
Sarah Anne Lishman was born and raised in San Antonio, Texas, where she graduated with honors from Communications Arts High School. She earned a bachelor’s degree from Eastern New Mexico University in 2005, majoring in History and minoring in English. After obtaining her undergraduate degree, she returned to San Antonio and attended St. Mary’s University School of Law.
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Areas We Serve
Lishman Law proudly provides military divorce legal support to service members and their families throughout San Antonio and the surrounding communities in Texas.
Whether you’re stationed in Joint Base San Antonio or you’re dealing with a stateside divorce while living overseas, you can rely on the military divorce lawyers at Lishman Law.
- Bexar County
- San Antonio
- Leon Valley
- Universal City
- Live Oak
- Converse
- Guadalupe County
- Seguin
- New Braunfels
- Cibolo
- Staples
- Schertz
- Kendall County
- Boerne
- Kendalia
- Fair Oaks Ranch
- Bergheim
- Comfort
- Atascosa County
- Pleasanton
- Poteet
- Jourdanton
- Lytle
- Charlotte
- Comal County
- Bulverde
- Spring Branch
- Canyon Lake
- Medina County
- Hondo
- Natalia
- Devine
- LaCoste
- Castroville
- Wilson County
- Floresville
- Sutherland Springs
- La Vernia
- Poth
- Stockdale
- Kerr County
- Kerrville
- Center Point
- Ingram
- Mountain Home
- Hunt
- Gillespie County
- Fredericksburg
- Luckenbach
- Harper
- Doss
- Stonewall
- Bandera County
- Bandera
- Lakehills
- Pipe Creek
FAQ
Texas courts prioritize the best interests of the child, no matter the military status of a parent.
While deployment is a necessary part of military service, it can make it harder for parents to maintain consistent contact with their children. Courts often implement creative solutions, such as expanded visitation during leave periods and virtual visitations through video conferencing tools, to ensure the deployed parent remains actively involved in their child's life.
Additionally, temporary custody orders may be put in place during deployment, with a review upon the service member's return.
To qualify for direct payment of a portion of your spouse's retirement under the USFSPA, you generally must have been married for at least 10 years, during which time the service member performed at least 10 years of creditable service (the "10/10 rule").
This rule only means that you are qualified, however. It does not automatically grant you payments. It also applies only to payments processed through the Defense Finance Accounting Service (DFAS).
Whether you meet the 10/10 rule or not, you may be entitled to a portion of retirement benefits as part of the overall division of property, depending on your situation and state law. Other benefits, such as healthcare and commissary privileges, may also be considered in the divorce.
The 10-year rule is used to determine whether you are eligible to receive a portion of your spouse’s retirement pay directly from DFAS. It doesn’t apply to other forms of spousal support. Like other divorce provisions, spousal support is governed by the laws in the state where you file.
Texas courts consider various factors, including the length of the marriage, the earning capacity of each spouse, and any misconduct by either party, when determining spousal support. If you can demonstrate a need for support and your spouse has the ability to pay, you may be awarded spousal support in Texas.
Among the SCRA’s protections for service members on active duty is the right to request a stay (delay) of legal proceedings. If your spouse is deployed, they may be able to postpone the divorce proceedings until they return from deployment.
However, they cannot delay the proceedings indefinitely. The court will balance the service member's rights under the SCRA with the need to resolve the divorce in a timely manner.
A fair and accurate accounting of all assets and income is crucial in any divorce. If you suspect your spouse is hiding assets or income, Lishman Law can use tools like depositions and subpoenas to investigate their finances. We may work with forensic accountants to trace their assets and draw a complete and transparent picture of all financial information.
Get Experienced Legal Guidance for Your Military Divorce
If you’re going through a military divorce, you need a law firm that understands and respects the exceptional contributions of service members and their families. Contact Lishman Law today for a free case evaluation.