Military Divorce Attorneys in Austin
Legal Rights as a Member of the Armed Forces
A military divorce typically carries all the difficulties of an ordinary divorce, but with some additional caveats. You may wonder what will happen if you are physically separated due to a military partner that is serving on active duty. You may also wonder what will happen to your military benefits after a divorce. Our Austin military divorce attorneys can help you understand how to best proceed and what you’re entitled to during a military divorce.
The laws surrounding military divorce may seem confusing or overwhelming, but our attorneys are here to help. We have divorce attorneys registered with the US Veterans Commission who can assist with your unique case. To speak to an attorney about your military divorce, call Zinda Law Group of Austin at 512-246-2224, chat, or fill our a consultation form.
Military Divorce Delays
Military personnel who are on active duty can request that a pending divorce action be delayed as long as 60 days after the end of active duty. You may not be penalized for missing court deadlines while you are away on active duty, but you will need an attorney to formally request the delay if you need one. An experienced attorney can also help if you decide it is in your best interest to delay the divorce proceeding and will help you determine whether the Soldier & Sailors Civil Relief Act applies to your situation. A military divorce may also have more options about what state to file in, which could affect your rights concerning property division.
Protecting Military Personnel and Spouses
When children are involved, there may be creative options with regard to visitation and child custody that will allow your children to spend time with grandparents or other family members if you are on duty and cannot exercise visitation rights yourself. There are also special rules about when and how a military pension is divided in a divorce, and various legislation has been enacted to protect both parties, such as the Former Spouses’ Protection Act which protects the spouses of a military member.
The length of the marriage is often used as a guideline when making many decisions and a couple must have been married 10 years or more for the military member’s retirement to be divided. Both those serving in the armed forces and their spouses will need a more unique form of representation to properly handle modifications to agreements, child support and child custody involved in military divorce. We provide divorce representation to men, women, military personnel, parents and couples without children. Call Zinda Law Group of Austin at 512-246-2224 or fill out a case evaluation form to get started today!