Austin Military Divorce Lawyer

Military Divorce Attorney in Austin, TX

If you’re facing the stress and uncertainty of ending a marriage while also navigating military obligations, deployments, and complicated benefits, know you’re not alone. The emotional and legal challenges that lie ahead in a service-related divorce can be daunting, especially when your finances and family are on the line. In these situations, you need a trusted Austin military divorce lawyer who understands the pressures of military life and the laws that apply.

The Law Office of Ben Carrasco, PLLC, can guide you through every step of the process. Our team is dedicated to protecting your rights while building a strategy that’s tailored to your specific circumstances so you can move forward with confidence.

About Us

At the Law Office of Ben Carrasco, PLLC, we’re a trial-tested, award-winning family law firm that’s dedicated to serving military families in Austin and beyond. Led by a Stanford-educated, board-certified attorney, we combine top-tier legal training with extensive courtroom experience to handle even the most complicated military divorce cases.

The Legal Framework Behind Military Divorce Laws in Austin, TX

In 2022, approximately 3% of all married, active military members got a divorce, with deployment of 12 months or longer being a 62% divorce risk factor.

One of the most critical aspects of any military divorce is understanding the legal framework that governs it. Military divorce laws include federal statutes, like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA), as well as state-specific family law rules.

An experienced Austin military divorce attorney can help you navigate these federal and state laws, as they can get complicated if spouses live in different states or countries. That’s because jurisdiction plays a major role in how property is divided, how support is calculated, and how custody arrangements are established. Jurisdiction depends on the area of residency and the location of the duty station.

Key Issues in an Austin Military Divorce Case

Beyond jurisdiction, military divorce cases involve service-related complications that need to be carefully addressed. Each military divorce case requires a thorough understanding of how military divorce laws intersect with Texas family law. Some of the most important issues to consider include:

• Property division. Identifying and dividing marital assets and special compensation.
• Military benefits and retirement division. Understanding how retirement pay, healthcare, and housing allowances are treated to make sure that they’re properly divided under military divorce laws.
• Child custody and visitation. Creating parenting plans that account for deployments, relocations, and the demanding schedules of military life.
• Child support. Calculating support obligations while factoring in military income, allowances, and benefits.
• Spousal support. Determining whether temporary or long-term maintenance is appropriate under both Texas law and the applicable military guidelines. It’s important to note that spousal support isn’t mandatory if the primary jurisdiction is the state of Texas, and is only awarded under very specific circumstances.

At the Law Office of Ben Carrasco, PLLC, our team is committed to guiding clients through these key issues with precision, advocacy, and a focus on achieving a favorable outcome.

The Impact of Deployment on Divorce Proceedings

When a service member is deployed, they could be far from home for months at a time, making it difficult to attend court hearings, meet with lawyers, or even participate in negotiations. These challenges can affect timelines, filings, and even key decisions in your military divorce case.

Fortunately, the Servicemembers Civil Relief Act (SCRA) provides protections for active-duty members, allowing them to request a temporary pause, or a stay, in the divorce proceedings if their service prevents them from participating. This helps make sure that the divorce isn’t finalized without their input.

Hire a Military Divorce Lawyer in Austin: Local Representation Makes a Difference

When you need to hire a military divorce lawyer, it’s important to consider the benefits of choosing a local legal team. At the Law Office of Ben Carrasco, PLLC, we live and work in Austin, which means we understand the specific procedures, practices, and expectations of local courts. Knowing the tendencies of judges, the timelines for filings, and how opposing counsel typically operates can have a significant impact on the outcome of your case.

Our team regularly represents clients in the Travis County Courthouse, the Williamson County Courthouse, and the Hays County Courthouse, giving us first-hand experience with each court’s processes. This local knowledge allows us to anticipate potential challenges, streamline hearings, and develop strategies that are tailored to the rules and culture of each courthouse, giving you a stronger chance of securing a fair outcome.

FAQs

Can a Military Divorce Affect Survivor Benefits?

Yes, a military divorce can affect survivor benefits, especially those through the Survivor Benefit Plan (SBP). However, divorced spouses could still be eligible for SBP if they were married for at least nine months before the service member’s retirement and if they also meet other federal requirements. Taking care that these benefits are properly designated requires knowledgeable planning.

Can a Military Spouse Keep Healthcare Benefits After a Divorce?

In some circumstances, yes, a military spouse can keep healthcare benefits after a divorce. One of the main determining factors is meeting the 20/20/20 rule that involves having at least 20 years of marriage, 20 years of service, and 20 years of overlap. However, if those requirements aren’t satisfied, you could be entitled to temporary coverage options like the Continued Health Care Benefit Program.

What Is the 10/10/10 Rule in Military Divorce Cases?

The 10/10/10 rule in military divorce cases is used to determine whether an ex-spouse can be given direct payments of military retirement benefits through the Defense Finance and Accounting Service (DFAS). To qualify, the service member must have at least 10 years of military service, have been married for 10 years, and have 10 years of overlap between service and marriage.

How Is Property Divided When One Spouse Has a VA Disability?

When one spouse has a VA disability, property is still divided according to federal and state law. In these cases, VA disability compensation is generally protected from division as marital property. However, it can indirectly influence spousal support or child support calculations. Courts often consider the effect the disability benefits had on the overall marital finances.

Take the First Step Toward Divorce Resolution

At the Law Office of Ben Carrasco, PLLC, we understand that military divorce cases in Austin come with unique challenges. That’s why our experienced Austin military divorce attorneys are dedicated to protecting your rights while helping you achieve a good resolution.

Contact us today to schedule a consultation.