Best Military Divorce Lawyers in Lafayette

About Military Divorce Law in Lafayette, United States

This guide explains how military divorce works in Lafayette, Louisiana, United States. A military divorce blends federal rules that apply to service members with Louisiana family law that governs divorce, custody, support, and property division. Cases filed in Lafayette are typically handled in the 15th Judicial District Court for Lafayette Parish.

Federal laws like the Servicemembers Civil Relief Act, the Uniformed Services Former Spouses Protection Act, and Department of Defense regulations can affect the timeline of your case, how a military pension is divided, how child support is calculated, and your access to health care benefits. Louisiana law determines how to dissolve a marriage, divide community property, set custody and visitation schedules, and calculate support. The result is a process with unique procedures and deadlines that differ from civilian divorces.

Because every family situation is different and military service can involve frequent moves, deployments, and special pay, it is important to understand both federal protections and Louisiana-specific rules before you file or respond to a case in Lafayette.

Why You May Need a Lawyer

You may benefit from hiring a lawyer if any of the following apply:

You or your spouse are deployed, on temporary duty, or otherwise unavailable and need to request a stay of proceedings under the Servicemembers Civil Relief Act.

You need to divide a military retirement, Thrift Savings Plan, or other military benefits, including setting up a Survivor Benefit Plan election or a court-ordered deemed election with DFAS.

You want to understand how Louisiana community property rules apply to pensions, bonuses, housing allowances, and other pay earned during the marriage.

You have children and need a parenting plan that accounts for deployments, block leave, PCS moves, or long-distance visitation, and you want to avoid improper permanent custody changes based solely on deployment.

You need to calculate child support or spousal support using military pay components such as base pay, BAH, BAS, incentive or hazard pay, and special pays.

You are concerned about health care eligibility after divorce, including TRICARE under the 20-20-20 or 20-20-15 rules, or access to the Continued Health Care Benefit Program.

You have jurisdiction questions, such as where to file, whether Louisiana has personal jurisdiction, and whether the court can divide retirement pay under the USFSPA.

You have a covenant marriage or a prenuptial agreement that changes the standard divorce or property rules.

You need help enforcing or modifying orders, including DFAS direct payments, wage withholding, or out-of-state orders.

You seek protection from abuse orders or need to address safety concerns while a case is pending.

Local Laws Overview

Jurisdiction and venue in Lafayette. Louisiana courts can grant a divorce when at least one spouse is domiciled in Louisiana. Cases in Lafayette Parish are filed in the 15th Judicial District Court. Venue is generally proper where either spouse is domiciled or at the last matrimonial domicile. Personal jurisdiction over a service member is necessary to divide certain property and to order support.

No-fault divorce and separation periods. Louisiana offers two primary paths. Under Article 102, a spouse files and then the parties live separate and apart for a required continuous period before finalizing. Under Article 103.1, the parties complete the required continuous separation before filing. The required period is longer if the spouses have minor children. A covenant marriage has additional grounds and counseling requirements.

Community property. Louisiana is a community property state. Most assets and debts acquired during the marriage are community and are generally divided equally. Retirement benefits, including the community portion of a military pension earned during the marriage, are typically subject to division. Reimbursement claims may apply if one spouse used separate funds to benefit the community or vice versa.

Military retired pay and federal limits. Under the USFSPA, Louisiana courts may treat military retired pay as divisible property to the extent earned during the marriage, but federal law limits what can be divided. The 10-10 rule affects whether DFAS will send payments directly to a former spouse, not whether a court can divide the retirement. Disability pay and the portion of retired pay waived for disability are generally not divisible, though they may be considered for support.

Survivor Benefit Plan. An SBP election can secure a former spouse benefit after the service member's death. A divorce decree can require former spouse coverage. There are strict deadlines for submitting a deemed election to DFAS after the order is signed.

Child custody and deployment. Louisiana custody decisions are based on the best interests of the child. Courts can issue temporary orders to address deployments or mobilizations. Deployment by itself is not a valid reason for a permanent custody change. Parenting plans can include provisions for electronic contact, make-up time, and delegation of visitation to a suitable family member during deployment if appropriate.

Relocation with children. Louisiana has a relocation law that requires advance notice to the other parent and, if there is an objection, court approval before a child's principal residence is moved a significant distance. Military PCS orders do not automatically override this requirement when a move affects a child subject to a Louisiana custody order.

Child support. Louisiana uses guidelines based on both parents' gross incomes. For service members, income includes base pay and typically includes BAH, BAS, and other regular military pays. The court can add child care, health insurance, and extraordinary expenses. Support can be enforced through income withholding and, in some cases, DFAS garnishment.

Spousal support. Louisiana recognizes interim spousal support to maintain the financial status quo during the divorce and final periodic spousal support after divorce. Final support requires that the requesting spouse be free from fault in the breakup, show need, and that the other spouse has the ability to pay. Military pay and allowances may be considered when calculating need and ability to pay.

SCRA protections. The Servicemembers Civil Relief Act can delay or stay court proceedings if a service member's duties materially affect the ability to participate. Courts must follow service and default judgment protections for deployed members.

Frequently Asked Questions

Where can I file for a military divorce if I live in Lafayette and my spouse is stationed elsewhere?

You can typically file in Louisiana if you are domiciled here. Venue in Lafayette Parish is available if you are domiciled in Lafayette or if Lafayette was the last matrimonial domicile. Jurisdiction over your spouse may be needed for property division and support, so talk with a lawyer about personal jurisdiction and the best forum.

How does deployment affect custody in Louisiana?

Deployment alone is not a reason for a permanent custody change. Courts can enter temporary orders to address a deployment, including adjusted schedules, electronic contact, and make-up time. When the deployment ends, the prior order often resumes unless a different arrangement is shown to be in the child's best interests.

Will my military pension be divided in a Louisiana divorce?

Louisiana treats the portion of a military pension earned during the marriage as community property and subject to division, but federal law sets limits. The USFSPA allows division and DFAS can pay a former spouse directly only if the marriage overlapped at least 10 years with 10 years of creditable service. Even if DFAS direct pay does not apply, a court can still award a share payable by the retiree.

Does DFAS consider disability pay when dividing retirement?

Disability pay and the portion of retired pay waived to receive VA disability compensation are not divisible as property. However, courts may consider total income, including disability, when setting support. Discuss your specific situation with counsel because federal preemption rules are complex.

Can a former spouse keep TRICARE after divorce?

A former spouse may qualify for TRICARE under the 20-20-20 rule if the marriage lasted 20 years, the member served 20 creditable years, and the periods overlapped for 20 years. Limited coverage may be available under the 20-20-15 rule. Others can purchase temporary coverage through the Continued Health Care Benefit Program. Eligibility depends on strict criteria.

How is child support calculated for a service member in Louisiana?

Louisiana uses guidelines based on both parents' gross incomes. For service members, gross income generally includes base pay, BAH, BAS, and other regular pays and bonuses. The court can add health insurance premiums, child care, and extraordinary expenses. Orders can be enforced by income withholding and, when applicable, through DFAS.

What is the Survivor Benefit Plan and should it be part of my divorce?

SBP provides a monthly annuity to a named beneficiary after the retiree's death. A divorce decree can require former spouse coverage. If the court orders SBP, the former spouse should submit a deemed election request to DFAS by the deadline. SBP can be critical to protect a former spouse's share of retired pay after the member's death.

Can my case be paused if I am deployed or on training orders?

Yes. The Servicemembers Civil Relief Act allows a stay when military duties materially affect your ability to participate. You will need to provide a letter from your commander and a statement explaining how duty affects your availability. Courts can grant additional stays if the impact continues.

What happens to our house and debts under Louisiana law?

Property and debts acquired during the marriage are generally community and divided equally at partition, unless a different agreement applies. Separate property, such as assets owned before marriage or received by gift or inheritance, is usually not divided. Reimbursement claims and credits can adjust the final division.

Do I need a special clause for parenting time during deployments?

It is smart to include deployment provisions in your parenting plan. Common terms clarify notice requirements, how parenting time will work during deployment, electronic contact schedules, whether a suitable family member may exercise delegated time, and how make-up time occurs after return. Clear terms reduce conflict and protect the child's routine.

Additional Resources

15th Judicial District Court - Lafayette Parish. Lafayette Parish Courthouse, 800 S Buchanan Street, Lafayette, LA 70501. Main clerk office phone 337-291-6400.

Lafayette Bar Association Lawyer Referral Service. Phone 337-237-4700.

Louisiana State Bar Association Lawyer Referral and Information. Phone 800-421-5722.

Fort Johnson Legal Assistance Office - Legal help for eligible soldiers and family members. Fort Johnson, Louisiana. Main operator phone 337-531-2911.

Barksdale Air Force Base Legal Office - Legal assistance for eligible airmen and families. Bossier City, Louisiana. Base operator phone 318-456-1110.

Defense Finance and Accounting Service Customer Care Center - DFAS. Phone 888-332-7411.

Military OneSource - Free confidential help for service members and families. Phone 800-342-9647.

TRICARE East Region - Humana Military Customer Service. Phone 800-444-5445.

DEERS Support Office - Defense Enrollment and Eligibility. Phone 800-538-9552.

Louisiana Department of Veterans Affairs - Assistance for veterans and families. Baton Rouge headquarters phone 225-219-5000.

National Domestic Violence Hotline - 24-7 confidential support. Phone 800-799-7233.

Next Steps

Gather documents. Collect LES statements, PCS orders, marriage certificate, any prior court orders, SBP and retirement statements, and records showing property, debts, and child-related costs.

Speak with a military-savvy Louisiana family lawyer. Ask specifically about community property division, USFSPA, SBP, and how military pay affects support. Confirm the lawyer regularly practices in Lafayette Parish.

Use free legal assistance where eligible. Contact an installation legal assistance office for advice and document review. JAG cannot represent you in civilian court but can help you understand rights and prepare questions for your attorney.

Protect timelines. If SBP former spouse coverage is part of your plan, calendar the DFAS deemed election deadline. If you are deployed, request any needed SCRA stay as early as possible.

Plan for parenting during deployments. Propose a detailed temporary schedule, communication plan, and make-up time provisions. Keep the child's school and activity schedules in mind.

Address health care and ID cards. Confirm TRICARE eligibility or CHCBP options and update DEERS after the divorce is final.

File in the correct court. Most cases in Lafayette are filed with the Lafayette Parish Clerk of Court. Ensure proper service on a deployed spouse and follow Louisiana procedural rules.

Consider mediation. Many custody and property issues can be resolved through mediation, which can save time and reduce conflict, especially when military schedules are involved.

Follow court orders closely. Use DFAS wage withholding for support when appropriate and keep detailed records of payments, exchanges, and communications.

Revisit orders after major changes. PCS moves, promotions, or significant income changes can justify modifying custody or support. Ask a lawyer before making changes on your own.

This guide provides general information about military divorce in Lafayette, Louisiana. It is not legal advice. For advice about your situation, consult a licensed Louisiana attorney experienced in military family law.