Military Family Law
Military Family Law & Legal Guidance
Military City Family Lawyers is a law firm based in San Antonio, Texas aka “Military City USA”. We provide Family Law legal services for past and current service members as well as members of their families. See our compassionate testimonials here.
Military family law often addresses unique challenges faced by service members, such as deployment and relocation. Navigating legal issues can be challenging, especially for military families dealing with unique circumstances tied to service. Military family law often requires special considerations for the unique financial situations of service members. From deployment to specialized regulations, this guide is designed to provide active-duty service members, veterans, and their families with the information they need to address common legal concerns effectively.
Our firm handles military family law cases all over Texas. Attorneys specializing in military family law are well-versed in the nuances of military benefits and custody arrangements. Our Senior legal team includes US Military Veteran attorneys with a combined 25 years of family law and trial experience. Legal professionals in military family law must stay updated on changes to military regulations and benefits. Military City Lawyers is highly respected by peers and adversaries and continues to maintain a proven track record.
Table of Contents
- Divorce in the Military
- Child Custody and Support
- Temporary Custody for Overseas Assignments
- Property Division in a Military Divorce
- Understanding the Servicemembers Civil Relief Act (SCRA)
- United Services Former Spouses’ Protection Act (USFSPA)
- TRICARE and Division of Benefits
- Military Pension Division
- Resources for Assistance
1. Divorce in the Military
Divorce is a complex process, and being a military member or spouse introduces additional challenges. Service members facing divorce should absolutely seek guidance from a military family law attorney to understand their rights and obligations. Differences in jurisdiction, where to file, and how military benefits are divided all need to be carefully considered.
- Where to File
Military families often live in different states throughout their service. Generally, you can file for divorce in the state where the service member is stationed, legally resides, or where the civilian spouse resides. Consult a legal expert to determine jurisdiction.
- Impact of Deployment
The Servicemembers Civil Relief Act (SCRA) permits active-duty members to request a stay in legal proceedings if deployment prevents them from participating.
Further reading: Military City Lawyers | Divorce
2. Child Custody and Support
Establishing custody and child support arrangements can be further complicated by the demands of military service. Military family law can involve international custody disputes due to overseas deployments.
- Custody Orders
Courts factor in deployment schedules when determining custody arrangements. Temporary orders can be modified if a service member’s circumstances change, such as relocation or deployment.
- Parenting Plans
A written parenting plan that accounts for deployment or frequent moves can help provide stability for children and clarity for both parents.
- Child Support
Military pay, including basic pay, allowances, and special pay, is considered when calculating child support. Each branch of service has policies to ensure members comply with court-ordered payments.
Further reading: Military City Lawyers | Child Custody
3. Temporary Custody for Overseas Assignments
Military families deployed overseas often face challenges related to temporary custody of their children. Military family law can be particularly complex due to the frequent relocations and deployments of military families. Understanding military family law is crucial for ensuring that the rights of both the service member and their family are protected.
- Family Care Plans
Service members are required to file a Family Care Plan detailing how children will be cared for during deployment. This plan must include custody arrangements with a trusted caregiver.
- Power of Attorney
Assigning a power of attorney to the temporary caregiver ensures they can make decisions in the best interests of the child while the parent is overseas.
Further reading: Military City Lawyers | Divorce
4. Property Division in a Military Divorce
Dividing assets in a military divorce can involve both civilian and military-specific considerations.
- Marital Assets
Properties, vehicles, investments, and other marital assets are divided according to state law, often falling under equitable distribution or community property standards.
- Military Benefits
Programs such as TRICARE, commissary, and base exchange privileges may also require special handling based on the details of the divorce.
Further reading: Military City Lawyers | Divorce
5. Understanding the Servicemembers Civil Relief Act (SCRA)
The SCRA provides vital protections for active-duty service members involved in legal proceedings.
- Delay in Proceedings
Active-duty service members can request a stay of court proceedings to avoid undue hardship caused by their service obligations.
- Other Protections
The SCRA offers protections against default judgments, interest rates on loans, and eviction during service. If legal matters conflict with duty obligations, the SCRA may be a valuable tool.
6. United Services Former Spouses’ Protection Act (USFSPA)
The USFSPA governs how military retirement pay is divided between a service member and their former spouse. The Uniformed Services Former Spouses’ Protection Act is a significant piece of legislation in military family law.
- Division of Pay
State courts may treat military retired pay as divisible property in divorce settlements. However, the marriage must have overlapped at least 10 years with military service (known as the 10/10 rule) for direct payments through the Defense Finance and Accounting Service (DFAS).
- Survivor Benefit Plan (SBP)
The SBP allows the former spouse to receive a portion of retirement benefits after the service member’s death, but it must be specified in the divorce settlement.
7. TRICARE and Division of Benefits
Eligibility for TRICARE benefits after divorce depends on the length of the marriage and military service.
- 20/20/20 Rule
A former spouse is eligible for TRICARE benefits if the marriage lasted 20 years or more, and the service member served for at least 20 of those years.
- 20/20/15 Rule
If the marriage lasted at least 20 years and overlaps 15 years of service, the former spouse may qualify for one year of TRICARE coverage.
8. Military Pension Division
Dividing military pensions can be one of the most complex aspects of a military divorce.
- State Laws Govern
While the USFSPA permits state courts to consider military pensions as marital property, the rules for division vary by state.
- Lump Sum vs. Monthly Payments
Former spouses may receive military pension payouts as a monthly allotment or a lump sum, depending on the court order and service member’s circumstances.
9. Resources for Assistance
As you’ve read so far, Military family law cases can involve complex issues like the division of military pensions and benefits. Military families can access numerous resources for legal aid and support.
- Military OneSource Legal Services
Offers free legal assistance and resources for active-duty members and their families.
- Legal Assistance Offices
Every military installation has a Legal Assistance Office with attorneys experienced in military-specific legal issues.
- American Bar Association (ABA) Military Pro Bono Project
Provides free legal representation to active-duty members and their families facing civil legal concerns.
- Veterans Affairs (VA)
Veterans and their families can access legal aid through the VA for issues related to benefits, pensions, and services.
- National Military Family Association (NMFA)
Offers information on military family benefits, support, and policy updates.
Final Thoughts
Navigating military family law requires an understanding of both civilian and military legal systems. Taking care of your family is your priority—this guide is here to ensure you have the knowledge and tools to do just that.
Legal challenges can feel overwhelming, but as a military family, you’re not alone. Knowing your rights and responsibilities, as well as having access to proper support, is crucial when navigating legal issues like divorce, custody, and benefits.
If you’re facing legal concerns or looking for personalized guidance, connect with us ASAP.
Schedule Your Free Consultation Today
Military family law practitioners often collaborate with military legal assistance offices to provide comprehensive support. Military family law encompasses issues such as child custody, spousal support, and the division of military retirement benefits. Don’t face family law challenges alone. Book a free consultation with our experienced military family law attorneys and take the first step toward clarity and resolution.
YOU DESERVE ADVOCACY, AND WE’RE HERE TO STAND BY YOUR SIDE.
Call 210-222-8500 today.
MILITARY FAMILY LAW
Military Family Law & Legal Guidance
Military City Family Lawyers is a law firm based in San Antonio, Texas aka “Military City USA”. We provide Family Law legal services for past and current service members as well as members of their families. See our compassionate testimonials here.
Military family law often addresses unique challenges faced by service members, such as deployment and relocation. Navigating legal issues can be challenging, especially for military families dealing with unique circumstances tied to service. Military family law often requires special considerations for the unique financial situations of service members. From deployment to specialized regulations, this guide is designed to provide active-duty service members, veterans, and their families with the information they need to address common legal concerns effectively.
Our firm handles military family law cases all over Texas. Attorneys specializing in military family law are well-versed in the nuances of military benefits and custody arrangements. Our Senior legal team includes US Military Veteran attorneys with a combined 25 years of family law and trial experience. Legal professionals in military family law must stay updated on changes to military regulations and benefits. Military City Lawyers is highly respected by peers and adversaries and continues to maintain a proven track record.
Table of Contents
- Divorce in the Military
- Child Custody and Support
- Temporary Custody for Overseas Assignments
- Property Division in a Military Divorce
- Understanding the Servicemembers Civil Relief Act (SCRA)
- United Services Former Spouses’ Protection Act (USFSPA)
- TRICARE and Division of Benefits
- Military Pension Division
- Resources for Assistance
1. Divorce in the Military
Divorce is a complex process, and being a military member or spouse introduces additional challenges. Service members facing divorce should absolutely seek guidance from a military family law attorney to understand their rights and obligations. Differences in jurisdiction, where to file, and how military benefits are divided all need to be carefully considered.
- Where to File
Military families often live in different states throughout their service. Generally, you can file for divorce in the state where the service member is stationed, legally resides, or where the civilian spouse resides. Consult a legal expert to determine jurisdiction.
- Impact of Deployment
The Servicemembers Civil Relief Act (SCRA) permits active-duty members to request a stay in legal proceedings if deployment prevents them from participating.
Further reading: Military City Lawyers | Divorce
2. Child Custody and Support
Establishing custody and child support arrangements can be further complicated by the demands of military service. Military family law can involve international custody disputes due to overseas deployments.
- Custody Orders
Courts factor in deployment schedules when determining custody arrangements. Temporary orders can be modified if a service member’s circumstances change, such as relocation or deployment.
- Parenting Plans
A written parenting plan that accounts for deployment or frequent moves can help provide stability for children and clarity for both parents.
- Child Support
Military pay, including basic pay, allowances, and special pay, is considered when calculating child support. Each branch of service has policies to ensure members comply with court-ordered payments.
Further reading: Military City Lawyers | Child Custody
3. Temporary Custody for Overseas Assignments
Military families deployed overseas often face challenges related to temporary custody of their children. Military family law can be particularly complex due to the frequent relocations and deployments of military families. Understanding military family law is crucial for ensuring that the rights of both the service member and their family are protected.
- Family Care Plans
Service members are required to file a Family Care Plan detailing how children will be cared for during deployment. This plan must include custody arrangements with a trusted caregiver.
- Power of Attorney
Assigning a power of attorney to the temporary caregiver ensures they can make decisions in the best interests of the child while the parent is overseas.
Further reading: Military City Lawyers | Divorce
4. Property Division in a Military Divorce
Dividing assets in a military divorce can involve both civilian and military-specific considerations.
- Marital Assets
Properties, vehicles, investments, and other marital assets are divided according to state law, often falling under equitable distribution or community property standards.
- Military Benefits
Programs such as TRICARE, commissary, and base exchange privileges may also require special handling based on the details of the divorce.
Further reading: Military City Lawyers | Divorce
5. Understanding the Servicemembers Civil Relief Act (SCRA)
The SCRA provides vital protections for active-duty service members involved in legal proceedings.
- Delay in Proceedings
Active-duty service members can request a stay of court proceedings to avoid undue hardship caused by their service obligations.
- Other Protections
The SCRA offers protections against default judgments, interest rates on loans, and eviction during service. If legal matters conflict with duty obligations, the SCRA may be a valuable tool.
6. United Services Former Spouses’ Protection Act (USFSPA)
The USFSPA governs how military retirement pay is divided between a service member and their former spouse. The Uniformed Services Former Spouses’ Protection Act is a significant piece of legislation in military family law.
- Division of Pay
State courts may treat military retired pay as divisible property in divorce settlements. However, the marriage must have overlapped at least 10 years with military service (known as the 10/10 rule) for direct payments through the Defense Finance and Accounting Service (DFAS).
- Survivor Benefit Plan (SBP)
The SBP allows the former spouse to receive a portion of retirement benefits after the service member’s death, but it must be specified in the divorce settlement.
7. TRICARE and Division of Benefits
Eligibility for TRICARE benefits after divorce depends on the length of the marriage and military service.
- 20/20/20 Rule
A former spouse is eligible for TRICARE benefits if the marriage lasted 20 years or more, and the service member served for at least 20 of those years.
- 20/20/15 Rule
If the marriage lasted at least 20 years and overlaps 15 years of service, the former spouse may qualify for one year of TRICARE coverage.
8. Military Pension Division
Dividing military pensions can be one of the most complex aspects of a military divorce.
- State Laws Govern
While the USFSPA permits state courts to consider military pensions as marital property, the rules for division vary by state.
- Lump Sum vs. Monthly Payments
Former spouses may receive military pension payouts as a monthly allotment or a lump sum, depending on the court order and service member’s circumstances.
9. Resources for Assistance
As you’ve read so far, Military family law cases can involve complex issues like the division of military pensions and benefits. Military families can access numerous resources for legal aid and support.
- Military OneSource Legal Services
Offers free legal assistance and resources for active-duty members and their families.
- Legal Assistance Offices
Every military installation has a Legal Assistance Office with attorneys experienced in military-specific legal issues.
- American Bar Association (ABA) Military Pro Bono Project
Provides free legal representation to active-duty members and their families facing civil legal concerns.
- Veterans Affairs (VA)
Veterans and their families can access legal aid through the VA for issues related to benefits, pensions, and services.
- National Military Family Association (NMFA)
Offers information on military family benefits, support, and policy updates.
Final Thoughts
Navigating military family law requires an understanding of both civilian and military legal systems. Taking care of your family is your priority—this guide is here to ensure you have the knowledge and tools to do just that.
Legal challenges can feel overwhelming, but as a military family, you’re not alone. Knowing your rights and responsibilities, as well as having access to proper support, is crucial when navigating legal issues like divorce, custody, and benefits.
If you’re facing legal concerns or looking for personalized guidance, connect with us ASAP.
Schedule Your Free Consultation Today
Military family law practitioners often collaborate with military legal assistance offices to provide comprehensive support. Military family law encompasses issues such as child custody, spousal support, and the division of military retirement benefits. Don’t face family law challenges alone. Book a free consultation with our experienced military family law attorneys and take the first step toward clarity and resolution.
YOU DESERVE ADVOCACY, AND WE’RE HERE TO STAND BY YOUR SIDE.
Call 210-222-8500 today.