Military Law

Serving Those Who Protect Us

Military personnel can encounter legal questions that don’t always apply to civilian circumstances. Attorney Russell Amsberry served as a reservist assistant judge advocate general in the U.S. Army and has been assisting service members with their divorce and estate planning needs for years, putting him in an excellent position to support you with the following matters:


Divorce

In essence, military and civilian divorces are the same. However, there are some intricate differences due to the Uniformed Services Former Spouse Protection Act (USFSPA), which governs the way that healthcare benefits, military pensions, and commissary privileges are divided in divorce. Deployment can also affect child custody arrangements. Put our years of experience in military law to work for you.

Custody modifications

The Texas Family Code offers certain protections regarding parenting time and access to your child when you are deployed. If the deployment takes you a significant distance from the other’s parent’s home, you can request a temporary order modifying custody. The court will always consider the best interests of the child when you apply for a custody modification.

Reassignment / relocation

As a military parent, being reassigned and relocated can raise legal issues involving child custody and support.  At Amsberry Law, we will ensure that your custodial agreement references military relocation or, if your divorce has already occurred, help you work with the court and your child’s other parent to modify the order.

Domestic Relations Orders

If you are a military spouse, we will draft a Domestic Relations Order (DRO) that allows you to collect benefits that you may be entitled to.

Ex-spouse retirement benefits

The Defense Finance and Accounting Services (DFAS), which administers military pay and pensions, has certain rules about dividing retirement benefits. All splits are based on the length of the marriage and the duration of your ex-spouse’s active duty. We will prepare and file all paperwork necessary to support your claim. In some instances a qualifying spouse may be entitled to a Survivor Benefit Plan, where in the event that the servicemember predeceases the former non-military spouse that the non-military spouse can continue to receive benefits beyond.

Estate planning

Military individuals and families have unique estate-planning needs, especially when they are on active duty. The Amsberry Law Firm supports service members and their families with estate plans that offer peace of mind in difficult times.


When you’re facing a military divorce, you want an attorney who understands all laws that apply to the dissolution, as well as what your rights are. Attorney Amsberry will deliver the skilled and experienced representation you need. To schedule a free consultation, contact us. We are pleased to offer Zoom and Skype meetings to those outside the San Antonio area.