Military Divorce Attorney In Helotes | Bineham & Gillen
 

Military Divorce AttorneysTrusted Military Divorce Lawyers In Helotes

Military Divorces Are Different

When it comes to military divorce in Helotes, the process becomes more complex and there are additional issues that must be addressed than in a traditional divorce situation. Since state and federal laws govern military divorce, it is wise to seek legal counsel for results that meet your requirements.

Bineham & Gillen successfully handles complicated military divorce cases for many families. We represent both spouses and active military stationed in Bexar County, including those stationed at Fort Sam Houston, Lackland Air Force Base, Randolph Air Force Base, and Brooks Army Medical Center (BAMC).

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How Divorce Affects Military Benefits

Many spouses don’t know the effect of divorce on their military benefits including installation housing, moving costs, health care benefits, child support and more. As a former U.S. Marine, attorney James F. Gillen, Jr. understands the stressful situations that our soldiers and their families face. He uses this understanding to offer effective representation to military members and their families. Mr. Gillen and his team use innovative strategies to create a powerful case designed to meet your goals and help you move forward with your life.

Military Divorce Jurisdiction: Where You File Matters

To file a divorce in this state, you or your spouse must have lived in Texas for six months and lived in the county of filing for three months. Additionally, either you or your spouse must be stationed in this state. The laws about divorce differ in varying states and unlike civilians, members of the military have a number of choices about where they can file for divorce.

States have their own requirements about residency and division of property. In addition, couples should consider matters of convenience, such as filing in the state in which they live, work, and bank. The military spouse brings his or her pension into the division of property. The couple must be married 10 years for the spouse to receive a portion of the retirement money. The federal government has a law that determines specifically how the pension will be divvied up.

Your Rights As A Servicemember

If you’re dealing with a divorce while on active duty, don’t worry. Under the Servicemembers Civil Relief Act, certain traditional expectations during divorce proceedings are changed. For example, the typical response time limit that a spouse served with divorce papers is usually bound to is extended for those military members away on active duty.

These are the important things that a divorce professional can help you identify. We can make sure that your rights as a servicemember are upheld, especially while you are serving your country!

Your Rights As A Divorced Military Spouse

Military divorces are seen as private civil matters, but military spouses are still entitled to certain rights during and after the divorce process. Military spouses have access to free legal assistance through the installation legal assistance offices. Because there are extra details to be aware of during a military divorce, it’s recommended that you work with a professional — especially involving child custody or spousal/child support issues.

The Uniformed Services Former Spouse Protection Act (the 20/20/20 rule) offers certain benefits to former spouses of servicemen and women. According to the U.S. Department of Defense, “…an unmarried, former spouse of a member of the military may receive privileges if they qualify for the following:

  • The former spouse was married to the military member for at least 20 years at the time of the divorce, dissolution or annulment.
  • The military member has performed at least 20 years of service that is creditable in determining eligibility for retired pay (the member does not have to be retired from active duty).
  • The former spouse was married to the member during at least 20 years of the member’s retirement-creditable service.”

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For the top family law attorneys in San Antonio, Bineham & Gillen is ready to fight for you. We have more than 30 years of specialized divorce law expertise, ranging from finance to child custody and child support. Contact us today for fair, compassionate and smart solutions.
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Choose a stress-free, efficient divorce process with our experienced guidance, ensuring your uncontested divorce is handled with care and professionalism.
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WHAT WE DOHow we can help you?

For the top family law attorneys in San Antonio, Bineham & Gillen is ready to fight for you. We have more than 30 years of specialized divorce law expertise, ranging from finance to child custody and child support. Contact us today for fair, compassionate and smart solutions.
Texas Divorce Lawyers

FAMILY LAWDivorce Attorney

Our law firm remains steadfast in seeking the best resolution for you in a divorce. Our approach is to be smart rather than be right.
Bineham & Gillen Restraining Lawyers Attorney

FAMILY LAWTemporary Restraining Orders

Our team simplifies temporary restraining orders (TROs) and takes the guesswork out of whether to file a protective order.
a daughter walking in between her mother and father while holding both of their hands

FAMILY LAWChild Support

You need the right attorney at your side to ensure that you pay or receive a fair amount of support. We're that fiercely loyal advocate.
Bineham & Gillen Child Custody attorney

FAMILY LAWChild Custody

Our child custody lawyers provide assertive advocacy. Our honest, smart approach to Texas family law puts you in the strongest position.
Bineham & Gillen Meditation

FAMILY LAWLegal Mediation

Mediation gives families control over how your case will be decided rather than leaving it to the courts, removing the win-lose proposition.
Bineham and Gillen areas of practice

FAMILY LAWPrenuptial Agreement

Protect your and your future spouse's interests with practical solutions that reflect today's changing trends and needs.
Texas default divorce, divorce attorney, divorce by default, filing for divorce

FAMILY LAWUncontested Divorce

Choose a stress-free, efficient divorce process with our experienced guidance, ensuring your uncontested divorce is handled with care and professionalism.
Military Divorces Legal Firm

FAMILY LAWMilitary Divorce

Our specialized knowledge of military divorce laws provides unmatched support, ensuring your rights and benefits are fully protected.
LGBT Divorce Process

FAMILY LAWLGBTQ+ Divorce

We offer empathetic, knowledgeable representation for LGBTQ+ couples, advocating for your rights and fair treatment throughout the divorce process.
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