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Divorce and Family Law for Schertz and Cibolo

How Schertz and Cibolo family cases are handled across Guadalupe, Bexar and Comal counties, with a focus on military families near JBSA.

Schertz and Cibolo sit along I-35 and FM 78 between San Antonio and New Braunfels, close to Joint Base San Antonio-Randolph. Cibolo is in Guadalupe County. Schertz is more complicated: it spans Guadalupe, Bexar and Comal counties, so neighbors in the same city can end up in three different courthouses. Our family law team in New Braunfels works with Schertz and Cibolo families on divorce, custody and child support, and we pay close attention to the military issues that come with living near JBSA.

Schertz, Cibolo and the Guadalupe, Bexar and Comal County Lines

Before anything is filed, the right county has to be confirmed. A Texas divorce is filed in a county where one spouse has lived at least 90 days, after six months in Texas (Tex. Fam. Code § 6.301).

Where your home sits Usual filing county Courthouse town
Cibolo Guadalupe Seguin
Most of Schertz Guadalupe Seguin
Schertz, Bexar County portion Bexar San Antonio
Schertz, Comal County portion Comal New Braunfels

Your appraisal district record shows the county for your property. For military families, especially those who recently arrived or live on base, the residency analysis can be different, so talk it through before filing. Our page on where to file for divorce explains residency in more detail, and our Seguin and Guadalupe County page covers the courthouse where most Schertz and Cibolo cases are heard.

Residency for Military Families

Texas has special residency rules for servicemembers. A Texas resident serving away from the state can generally keep Texas residency. A servicemember who is not from Texas but has been stationed here can sometimes meet the residency requirement through time stationed at a Texas installation. These rules are technical, so confirm them with a lawyer before you file.

Military Divorce Near JBSA

Military divorce follows Texas law, with federal rules layered on top.

The Servicemembers Civil Relief Act

The SCRA protects active-duty servicemembers from default judgments and allows a court to delay proceedings when military duties materially affect their ability to take part. In practice:

  • A servicemember can waive certain protections in an agreed case.
  • A non-military spouse should plan for possible delays.
  • Courts often allow video appearances during training or deployment.

Military Retirement

The community portion of military retired pay can be divided. The USFSPA “10/10 rule” only governs whether DFAS can pay the former spouse directly. A former spouse in a shorter marriage can still be awarded a share; it is just paid differently. The decree must be drafted carefully so DFAS will honor it. See military divorce.

Other Military Benefits

  • Survivor Benefit Plan coverage can be addressed in the decree, and deadlines apply for elections.
  • Thrift Savings Plan accounts are divided under their own rules.
  • Health care and other benefits for a former spouse depend on federal rules about the length of the marriage and service.
  • VA disability pay is treated differently from retired pay. Ask about it specifically.

Deployments, PCS Moves and Parenting Plans

Military schedules can upend a standard parenting plan. Texas law gives servicemember parents certain protections, and a well-drafted order anticipates military life.

Planning for Deployment

A Texas court can address what happens to a parent’s possession time when that parent is deployed, including allowing time to be exercised by a designated relative in some cases. Temporary changes during deployment generally end when the parent returns.

PCS Orders and Relocation

When a parent receives orders to a new duty station, the existing order may not allow a move with the children. Options include:

  1. Reaching a written agreement with the other parent and having it approved by the court
  2. Filing a modification asking the court to allow the move
  3. Leaving the children’s primary residence in place and adjusting the possession schedule for distance

Parents who live more than 100 miles apart usually move to a long-distance schedule, and the summer period becomes longer. See long-distance parenting and relocation.

Fast Growth Along the I-35 and FM 78 Corridors

Schertz and Cibolo have grown quickly, with many newer subdivisions and families who commute to San Antonio, Randolph, New Braunfels or beyond. Growth affects family cases in practical ways:

  • New homes, new loans. Many couples bought recently, with little equity. A buyout may not be possible, and a sale may be the realistic choice.
  • School district lines. Schertz and Cibolo addresses do not always share a school district. A geographic restriction tied to a school district can matter a lot.
  • Commutes. I-35 traffic affects exchange times. Building realistic pickup times into the order prevents disputes.

Child Support for Military and Civilian Parents

Guideline child support is based on monthly net resources. For a servicemember, that includes base pay and many allowances, such as housing and subsistence allowances. Civilian contractors at JBSA may have overtime, bonuses or travel pay that also count. Guideline percentages start at 20% for one child, up to the statutory cap. See how child support is calculated.

Existing Orders From Other States or Counties

Military families often arrive with orders from another state. A Texas court usually cannot modify another state’s custody order unless jurisdiction has shifted under the interstate rules. Out-of-state orders can generally be registered and enforced in Texas. If your current order came from Guadalupe, Bexar or Comal County, that court typically keeps authority over it unless the case is transferred.

Talk With a Family Lawyer Serving Schertz, Cibolo and the New Braunfels Area

Whether you live in Cibolo, in the Guadalupe, Bexar or Comal County part of Schertz, or are a military family stationed at nearby JBSA, our family law team can help you sort out where your case belongs and how military rules affect it. We handle cases in Comal and Guadalupe counties and work with families across the I-35 corridor. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.

Frequently Asked Questions

Which county is my Schertz divorce filed in?

Schertz spans Guadalupe, Bexar and Comal counties, so it depends on where your home sits. Most Schertz homes are in Guadalupe County, with cases filed in Seguin. Homes in the Bexar County part are generally filed in San Antonio, and homes in the Comal County part in New Braunfels.

Where are Cibolo divorces filed?

Cibolo is in Guadalupe County, so Cibolo divorces are generally filed with the Guadalupe County District Clerk in Seguin, as long as the residency requirements are met.

Can my spouse's deployment delay our divorce?

Yes. The Servicemembers Civil Relief Act allows a court to delay proceedings when military duty materially affects a servicemember’s ability to participate. Courts often use video appearances or adjust schedules to keep cases moving.

Can I get part of my spouse's military retirement?

The community portion of military retired pay can be divided in a Texas divorce. The 10/10 rule only decides whether DFAS can pay the former spouse directly. It does not decide whether retirement can be divided.

What happens to our custody order if I get PCS orders?

A move usually requires either an agreement with the other parent or a court modification, especially if the order has a geographic restriction. Plan ahead as soon as you know a move is likely, and see our page on long-distance parenting.

Last reviewed November 13, 2026. General information only, not legal advice.

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