Our Divorce Lawyers for Military Spouses Give You the Support You Need
When a member of the military decides to file for divorce, the process can be far more complex than for non-military members. Between deployments, division of pensions, and multiple other issues, agreeing on the terms of a divorce can be especially challenging when one or both spouses are in the military. Our San Antonio military divorce lawyer understands all the complications involved with this type of divorce, and we do not shy away from such situations. We promise to fight hard to try to help you receive the outcome you are seeking.
You do not want to hire an attorney that doesn’t have experience with military divorces. At Amsberry Law, our team focuses on family law and military law, which gives us the experience required to help. Even if you do not want to divorce, ignoring the problem or hoping it will go away is not a workable solution. Call our San Antonio military divorce lawyers today to discuss your case at (210) 354-2244.
Why You Should Choose Amsberry Law
At Amsberry Law, we take pride in the level of service we give to our clients. We hold ourselves to an extremely high standard when it comes to defending your rights in a divorce, because we understand that you are trusting our divorce lawyers for military spouses with a situation that is going to impact your life for years to come. You do not want to choose your San Antonio military divorce lawyer at random. You want to focus on the level of experience your attorney has. You want to be certain that your military divorce attorney fully understands the differences between a military and civilian divorce.
Led by Attorney Russell Amsberry, who founded our firm in 1995, we have a long history of helping clients with family law cases, including families where someone is serving in the military. Attorney Amsberry has earned a number of accolades and awards in nearly three decades of practicing law in San Antonio, including:
- Named to best lawyers in San Antonio list
- Received Distinguished rating from Martindale-Hubble
- Received Amazing rating from Avvo
- Member of the American Bar Association and the State Bar of Texas
- Member of the National Academy of Elder Law Attorneys
- Member of the Texas Academy of Family Law Specialists.
Clients Trust Our San Antonio Military Divorce Lawyer
Our San Antonio military divorce attorney works hard to deliver the best possible level of service to our clients. We focus on what we can do for you, rather than on how we can bring your case to a conclusion as quickly as possible. Our past clients’ testimonials show the level of both professional and emotional support we deliver for our clients.
Divorce is often an extremely stressful situation, especially if you are coming back from or preparing for a deployment. We want to try to relieve your stress as much as we can through our professionalism and attention to detail. Our military divorce lawyer promises to focus on the legal aspects of seeking the divorce, allowing you to prepare for how you would like the rest of your life to go, while also supporting you emotionally. You can trust us to represent your interests to the fullest.
How Our San Antonio Military Divorce Lawyers Can Help With Your Case
Because we focus on family law, including divorces, and military law, we have a level of experience that other divorce attorneys may struggle to duplicate. Attorney Amsberry served as a reservist assistant judge advocate general in the U.S. Army. He knows that many aspects of life, including estate planning and marriage, can be far more challenging for members of the military than for typical civilians.
Additionally, our San Antonio military divorce lawyer knows that every divorce case involving a military member is not exactly the same. Your case has some unique aspects to it that require a strategy tailored to your personal needs. Trust that we do not set up a single formula for dealing with a military divorce and then blindly apply it to your case. We may rely on strategies we used in the past, but we always adjust those strategies to fit the parameters of your case.
Our San Antonio Military Divorce Lawyer Helps You Understand Items Unique to These Divorces
Several reasons exist as to why military divorces often have more complexities than a civilian divorce. Some of the most important reasons relate to federal government laws and regulations that affect members of the military.
Servicemembers Civil Relief Act (SCRA)
When your spouse serves you with divorce papers while you are on active duty, the Servicemembers Civil Relief Act (SCRA) protects you, should you want to contest your divorce. Your spouse cannot take divorce actions against you while you are on active duty and for at least 60 days after your tour ends unless you agree to waive the act and move forward with the divorce. The act helps you focus on your work during active duty. Our San Antonio military divorce attorney can help you make use of the SCRA, if desired.
Uniformed Services Former Spouse Protection Act (USFSPA)
Another act that our San Antonio military divorce lawyer has a full understanding of is the Uniformed Services Former Spouse Protection Act (USFSPA). This act affects the way that the courts treat military benefits, including pensions, and healthcare benefits in the divorce proceedings. The USFSPA authorizes the court in Texas to divide military retired pay as part of the property division, but it does not force the court to include this pay. Should the court award the ex-spouse a portion of the retired pay in the settlement, the act allows for direct payments to the ex-spouse. Amsberry Law will help you understand how this act potentially affects your divorce settlement.
Timely Responses to Divorce Papers
Texas is a no-fault divorce state, which means your spouse can file for divorce, even if you do not want to split up, according to Texas Law Help. Once your spouse files for divorce, you have a certain amount of time to respond. If you fail to respond in time, the divorce proceedings will go on without your participation.
However, if you are a member of the military, you may be able to file for a stay. This means that you can delay the start of the divorce proceedings beyond what is normal. As long as we can show that your military duties are preventing you from responding to the divorce filing, we may be able to help you receive a stay of up to 90 days.
Trust the Negotiating Skills of Our San Antonio Military Divorce Lawyer
One of the key aspects of any type of divorce is being able to negotiate successfully. The majority of decisions regarding division of property, child custody, and other items are subject to negotiations between you and your soon-to-be-ex-spouse. After you hire us, our San Antonio military divorce attorney will take over negotiations on your behalf. We can apply our decades of experience working in negotiating rooms to your benefit, always trying to move toward the outcome that you would like to see.
It’s important to understand that although we take pride in our negotiating skills, we cannot promise that we will win every concession that you want in the divorce. Part of successful negotiating is knowing which items and aspects of the divorce are most important to you. We then focus on trying to help you win in those areas, offering other items that are less important to you in exchange.
FAQs About Military Divorces
Common Questions From Clients for Our San Antonio Military Divorce Lawyer
Because many of our military clients are going through a divorce for the first time, they have several questions about the process. We appreciate these questions, because it helps us understand the aspects of your divorce proceedings that are most important to you. Here are some of the most common questions our San Antonio military divorce lawyers hear.
What does a military spouse receive in a divorce in Texas?
When dividing property in a Texas divorce, the law typically requires the two spouses to divide property as equally as possible. However, if your pending divorce has some unique aspects to it, our military divorce attorney will work to highlight those aspects during property division negotiations.
Can your San Antonio military divorce lawyers help me file for divorce during active duty in Texas?
Yes, our San Antonio military divorce lawyers can help in a case like this. As long as you resided in Texas for the past six months, you file your taxes from Texas, your spouse lives in Texas, or you are stationed in Texas, we should be able to file for divorce in the state of Texas.
How long does it take to conclude a military divorce when using divorce lawyers for military spouses?
Trust that our divorce lawyers for military spouses will try to speed the process along as much as possible. However, depending on the complexity of the case and on the willingness of your spouse to negotiate, cases can take anywhere from a few months to a few years.
Can my ex-spouse lay claim to my VA disability payments as part of the divorce?
Typically, the court considers VA disability payments to be separate property that belongs to you alone. However, the court may consider these payments as part of your income when calculating alimony payments or child support payments you must make.
How much does it cost to hire a San Antonio military divorce lawyer?
It’s typical for a San Antonio military divorce lawyer to work on an hourly rate when representing you. Trust that we will not hide anything regarding our fees, and we can discuss them with you during our initial meeting.
At Amsberry Law, we always take the time to answer questions our clients have for our military divorce lawyer. We never want you to be unsure about how we are approaching a certain aspect of your case. We don’t mind spending time listening to our clients and explaining aspects of the case, because it’s important for all of us to be on the same page regarding the path forward.
Contact Our San Antonio Military Divorce Lawyer Today
Amsberry Law Always Works Tirelessly for the Benefit of Our Clients
When representing our clients, we take the time to understand what you want to achieve with the divorce. We work hard to earn your trust. The only way we can represent you to the best of our ability is to take the time to discuss all the issues in your life and related to the divorce that are important to you.
We also fully understand the basics of divorce in the military. This is extremely important, as it allows our San Antonio military divorce attorney to handle the aspects of your case that fall under a general divorce, while also helping you with the portions of the divorce that relate to you or your spouse serving in the military. We promise to stand by your side from the start of the proceedings to the conclusion. Contact Amsberry Law today at (210) 354-2244.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
