Facing divorce while serving or married to a service member? You need an Austin military divorce attorney who understands military life, not just military law. Our founding attorney, Marco Sanchez, served 27 years in the U.S. Air Force Reserve as a Lieutenant Colonel. He knows deployment stress, PCS moves, and pension calculations because he lived them.
Call Sanchez and Farrar, PLLC today at (512) 535-0807 or contact us online for your free consultation.
Texas military divorces involve complications that civilian divorces don’t face.
Federal laws like the Servicemembers Civil Relief Act (SCRA) and Uniformed Services Former Spouses Protection Act (USFSPA) override state divorce law. Military pensions follow the 10-year rule, so only marriage years that overlap with service count toward division. Jurisdiction gets complicated when spouses live in different states or one is deployed overseas.
Texas requires at least one spouse to be a state resident for six months and a county resident for 90 days before filing. Even during the mandatory 60-day waiting period, military-specific issues like deployment can extend the timeline significantly.
Deployment complicates everything from serving divorce papers to attending court hearings to maintaining child conservatorship. Child support calculations must include BAH, BAS, and special pays, not just base salary. You’re already sacrificing for your country. Your divorce shouldn’t cost you your retirement, your kids, or your future.
Our founding attorney served for 27 years, so he knows firsthand the challenges that military families face. Marco Sanchez, a retired Lieutenant Colonel in the U.S. Air Force Reserve, served as an Operations Officer, managing deployments and PCS moves. Before law, he worked as a probation officer and healthcare administrator, giving him a deep understanding of family stress and personal struggles during difficult transitions.
When our team discusses BAH calculations, the 20/20/20 rule, or deployment conservatorship challenges, we’re drawing on Marco’s lived experience. That firsthand knowledge makes the difference when protecting your rights.
The USFSPA governs how military retirement pay gets divided in divorce. We calculate these divisions precisely to protect what you earned during your service.
Texas law protects military parents from losing access and decision-making rights due to deployment. Family care plans can designate temporary guardians while you serve, and virtual visitation is legally enforceable. Custody, called conservatorship in Texas, includes decision-making authority and parenting time. Our Austin military divorce attorneys protect your rights even while deployed.
Military spousal support in Texas considers total compensation: base pay, BAH, BAS, and special pays. Courts evaluate the length of marriage, each spouse’s resources, and contributions by the non-military spouse. Combined child and spousal support cannot exceed 60% of a service member’s pay under military regulations.
Military divorces require careful handling of federal benefits that don’t exist in civilian cases. The division of military assets may involve retirement pay, TRICARE eligibility, Survivor Benefit Plans, and Thrift Savings Plans.
Challenges in military divorce include:
Our Austin military divorce lawyers handle these unique military divorce challenges and protect your rights throughout the process.
The SCRA protects you from default judgments. We file for a 90-day stay (or longer) so you can participate. Courts cannot finalize your divorce without you.
Texas residency requires 6 months in-state plus 90 days in-county, but service members can file where stationed or claim legal residence. We determine the best jurisdiction for custody, property division, and pensions.
Only years married during service count. We calculate your exact exposure and fight for fair division under USFSPA guidelines.
Non-military spouses typically have 30 days to vacate. We negotiate temporary support, pursue alimony if eligible, and secure off-base housing quickly.
No. Texas law prohibits courts from penalizing military service. We create flexible parenting plans with family care provisions that protect your rights while serving.
Yes. Texas allows service members stationed here for 6+ months to file, even if their spouse resides elsewhere. Jurisdiction can get complicated when multiple states are involved. An experienced Austin military divorce lawyer analyzes which forum is best.
The 10-year rule under USFSPA allows direct DFAS payments to your spouse only if married at least 10 years during service. Otherwise, you may pay them directly.
The 20/20/20 rule determines if your former spouse keeps full benefits. They must have been married for 20+ years, you must have served 20+ years, and your marriage and service must overlap for 20+ years.
The SCRA protects you from default judgments. You can request a stay of at least 90 days. Courts cannot finalize the divorce without your participation. Inform your command and contact our firm—we handle the filings and coordinate with your command.
No. Texas law protects service members from losing custody/conservatorship rights solely because of deployment. Family care plans designate temporary guardians, so you maintain custody rights while serving.
Marco Sanchez, our founding attorney, served 27 years in the Air Force Reserve, retiring as Lieutenant Colonel. He doesn’t just represent military families; he was part of one. Our firm understands the stress, the sacrifices, and the challenges you face.
Se habla español. We communicate with military families in English and Spanish throughout the Austin area.
Military emergencies don’t wait for business hours. Our Austin military divorce lawyers prioritize urgent military divorce matters and ensure you can reach us when deployment or orders change everything.
We’ve helped active duty service members protect parental rights during deployment, secured fair pension divisions under USFSPA, and fought jurisdictional battles across multiple states. Our clients keep what they earned while serving.
During your free consultation, we’ll review your military service record, marriage timeline, and assets. We’ll explain Texas residency requirements, the mandatory 60-day waiting period, and how federal military laws like SCRA and USFSPA apply to your specific situation. You’ll leave with a clear understanding of your rights, your options, the expected timeline, and your next steps, with absolutely no obligation to hire us.
You’ve served your country with honor. Now it’s time to protect your future. Whether active duty, a veteran, or married to a service member, Sanchez & Farrar, PLLC understands military divorce challenges and the strict SCRA deadlines and complicated federal regulations involved. Get experienced legal help from a law firm whose founder actually served.
Call us today at (512) 535-0807 or contact us online for your free consultation. Our Austin military divorce lawyers are ready to fight for your rights, your pension, and your family.
To learn more about the services offered by Sanchez & Farrar, PLLC, call our firm or send us an email. We have offices in New Braunfels and Austin.
