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Military Divorce

Photo Military Divorce

A military divorce can be very different than a civilian divorce. Unlike a civilian divorce, a military divorce can apply to both State and Federal laws. Also, in some cases, a military divorce may require a party to travel back to their place of living to get a divorce. Military divorces are unique and may require special attention to details and rules affecting military personnel serving abroad seeking a divorce in Texas. The San Antonio military divorce lawyers at Carabin and Shaw P.C. can help guide you in navigating these legal matters involving military divorce.

Highlights of Military Divorce:

  • May require additional federal laws to be considered in the divorce process.
  • May involve Uniformed Services Former Spouses Protection Act.

Special Considerations for military retirement/property division:

  • UFSPA allows the state to qualify military retirement pay as property rather than income.
  • UFSFPA allows for up to 50%of the benefits to go to service member’s spouse.
  • The UFSFPA does not automatically entitle a former spouse to receive benefits from the service member spouse. It must be awarded as property by the Court not income in the final decree.
  • Also, a member and former spouse need to have been married to each other for at least ten years during which the military member performed at least ten years of military service creditable toward that person’s retirement eligibility.

Custody:

Custody issues may be complex to military training and deployment issues.

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