When you or your spouse serves in the nation’s armed forces, you understand that your life will look different than most people’s. As such, you may not anticipate that filing for divorce when one or both spouses are members of the military will also have a considerable number of differences that must be taken into consideration. If this reflects your circumstances, the following blog explores what you should know about these matters, including the importance of working with a Monroe, Louisiana divorce lawyer to help you navigate these difficult matters for the best possible outcome for your unique circumstances.
What Should I Know About Residency Requirements for a Military Divorce?
Generally, when you file for divorce, you’ll need to ensure that you meet the residency requirements to file under a state’s laws. However, as a military family, you may find that you move frequently as you or your spouse may be restationed. If this is the case, you may be unsure where to file, especially if you do not meet the current requirements.
In Louisiana, you’ll find that the court will generally determine where you should file based on where you hold legal residence or where you are stationed, even if you do not meet the residency requirements. For example, if you are stationed in Louisiana at the time of your divorce but you are a legal resident of the state of Texas, you can file under Texas law or Louisiana law.
How Is Custody Handled in These Matters?
Generally, you’ll find that custody during a military divorce can be an incredibly complicated and contentious matter. As with any custody decision, the courts must prioritize the best interests of the child, meaning the child’s health, well-being, and safety will be considered above all other factors, including the wants and wishes of the parents. It is critical to understand that military service cannot be used to penalize a parent when determining custody or child support. However, deployment and relocation can influence custody decisions.
If one parent is stationed away from their children, Louisiana courts will likely approve a long-distance parenting plan that allows the child to visit their parent during breaks from school or on holidays. In these instances, parents would split the cost of travel for the child. Additionally, the court will likely order virtual visitation, which allows the child and parent to remain in contact through video calls or emails.
You’ll also find that if one parent is deployed, they will be unable to exercise their custody rights as ordered by the court. During these matters, the court can order a temporary modification that won’t impact the overall custody plan. This ensures that the child can remain in the custody of one parent throughout their other parent’s deployment, and allows the court to revert to the previous custody order once the military member returns from their deployment.
As you can see, navigating a military divorce can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with Breithaupt, DuBos, & Wolleson, LLC. Our dedicated team will do everything possible to assist you through this process and fight for the best possible outcome. When you need help, our firm is ready to fight for you. Contact us today to learn more.