A military divorce in Louisiana adheres to many of the same legal principles as a civilian divorce, but additional federal laws, military regulations, deployment schedules, residency rules, child custody considerations, and military retirement matters can complicate this process. 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 re-stationed. 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.
Where Can Military Families File for Divorce?
- Military families often relocate due to assignments
- Louisiana may allow filing based on duty station or legal residence
- Service members typically have options regarding where they can file
- Jurisdiction can impact property division, support, and child custody outcomes
- Choosing the correct venue to pursue a divorce can have considerable long-term impacts
How Does the Servicemembers’ Civil Relief Act Affect Divorce Proceedings?
It’s critical to understand that federal law provides a number of important protections to active-duty military members who may be unable to fully participate in their divorce due to their service obligations.
What Is the Servicemembers’ Civil Relief Act?
- Federal law protects active-duty service members
- May delay certain proceedings during military service
- Prevents unfair default judgments
- Allows members additional time to respond in some circumstances
- Can ultimately impact divorce timelines if one spouse is deployed
Why Does the SCRA Matter in Military Divorces?
- Protects military members from losing important rights while in service
- Ensures both spouses can meaningfully participate in their divorce
- Can impact the scheduling of court hearings and appearances
- Often becomes important in overseas deployments
How Is Child Custody Handled in Military Divorces?
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.
Factors Louisiana Courts Consider
- The health and safety of the child
- The emotional well-being of the child
- The stability of each household
- The parents’ ability to meet the needs of the child
- Current parent-child relationships
- The child’s educational and developmental needs
How Deployment Can Affect Custody
- Deployment alone cannot automatically penalize a parent
- Courts can approve a temporary custody modification
- Current custody arrangements may be adjusted during deployment
- Previous custody orders may resume once deployment ends
- Courts in Ouachita Parish and throughout Louisiana prioritize stability for the child
Long-Distance Parenting Plans
- School vacation and visitation schedules
- Holiday parenting time
- Shared travel responsibilities
- Video visitation
- Virtual communication
- Continued contact during deployment
How Is Military Retirement Divided During Divorce?
Military retirement benefits are often one of the most complex and contested financial aspects of a military divorce in Ouachita Parish and throughout Louisiana. Military divorces often involve unique federal laws that do not apply to civilian divorces. In addition, retirement benefits, issues related to deployment, jurisdiction, and child custody matters can significantly impact the process and timeline.
Is Military Retirement Considered Martial Property?
- Military retirement benefits can be subject to division during a divorce
- Courts will consider when benefits were earned during the marriage
- State and federal laws can impact the outcome of distribution
- Not all retirement benefits will be automatically divided equally
What Is the Uniformed Services Former Spouses’ Protection Act?
- Federal law allows state courts to treat military retirement pay as marital property
- Created rules regarding the division of military benefits
- Often plays an integral role in military divorces in Louisiana and throughout the country
- Works in conjunction with Louisiana family law principles
Contact an Experienced Ouachita Parish Divorce Attorney Today
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.