Best Military Divorce Lawyers in Lafayette

About Military Divorce Law in Lafayette, United States

This guide explains how military divorce works in Lafayette, Louisiana. Military divorces follow both Louisiana family law and federal military laws. Because service members often live, work, or deploy in different places, military divorces involve unique rules for timing, service of process, property division, child custody, and benefits. Cases arising in Lafayette are filed in Lafayette Parish within the Fifteenth Judicial District Court. If you or your spouse is a service member or a military spouse and you consider filing in Lafayette, Louisiana law will control the divorce itself, while federal rules will control many military pay and benefits issues.

Why You May Need a Lawyer

Military divorces can be more complex than civilian divorces. You may need a lawyer if you must coordinate court dates around deployment or training, request a stay of the case under the Servicemembers Civil Relief Act, serve a spouse who is stationed out of state or overseas, or determine whether Louisiana has jurisdiction when spouses live in different states. A lawyer is also valuable when dividing military retirement and drafting court orders that the Defense Finance and Accounting Service will accept, selecting or contesting Survivor Benefit Plan coverage, dividing a Thrift Savings Plan, or calculating child support when the service member receives basic allowance for housing or other non-taxable allowances.

Custody and visitation can be complicated by Permanent Change of Station moves and temporary duty assignments. Louisiana courts must follow best interest standards while recognizing that deployment alone cannot be the basis for a permanent custody change. A lawyer can help build a parenting plan that works with military schedules, and can obtain temporary orders during deployments. If family violence is an issue, an attorney can seek protective orders and coordinate with military commands when appropriate.

Local Laws Overview

Jurisdiction and venue in Louisiana depend on domicile. At least one spouse must be domiciled in Louisiana to file for divorce here. Venue is typically the parish of a party’s domicile, so cases connected to Lafayette are filed in Lafayette Parish. Louisiana can grant a divorce even if the service member is stationed elsewhere, as long as domicile exists. Personal jurisdiction rules may affect money matters like support if the other party has limited contacts with Louisiana.

Louisiana recognizes two main no-fault paths to divorce. Under Civil Code Article 102, you file and then live separate and apart for the statutory period before obtaining a judgment. Under Article 103, you can obtain an immediate divorce if you already lived separate and apart for the required time. The separation period is generally 180 days when there are no minor children of the marriage and 365 days when there are minor children, subject to specific exceptions for abuse cases.

Property division follows Louisiana’s community property system. Most property and debts acquired between the date of marriage and the date of termination of the community are community and are divided at divorce, usually equally. Military retirement that accrued during the marriage is community property under federal law allowing state courts to divide disposable retired pay. Disability pay and the portion of retired pay waived to receive disability benefits are not divisible as property. Courts can divide a Thrift Savings Plan as community property through a TSP-compliant court order.

Federal rules overlay property issues. The Uniformed Services Former Spouses’ Protection Act governs division of military retired pay. The Defense Finance and Accounting Service will make direct payments to a former spouse only if there were at least 10 years of marriage overlapping 10 years of creditable military service, but a Louisiana court can still divide the pension even if the overlap is shorter. Survivor Benefit Plan coverage for a former spouse must be elected on time, usually within one year of the court order. Medical benefits after divorce follow the 20-20-20 and 20-20-15 rules for former spouses, which depend on the length of the marriage and the service.

Louisiana child custody decisions apply the best interest of the child standard, favoring joint custody when appropriate. Louisiana law provides that a parent’s military deployment cannot be used as the sole reason for a permanent custody change and allows for temporary modifications during deployment, makeup visitation, and expedited hearings. Relocation by a custodial parent is governed by Louisiana’s relocation statutes and requires notice and, in many cases, court approval. Louisiana follows the Uniform Child Custody Jurisdiction and Enforcement Act, which controls custody jurisdiction and enforcement when families move between states.

Child support in Louisiana is calculated using the state’s guidelines, which consider both parents’ gross incomes. For service members, gross income typically includes base pay and most allowances such as basic allowance for housing and basic allowance for subsistence. Courts can order wage garnishment through DFAS for support and may also require life insurance or other security for support. Spousal support can be interim or final. Interim support helps maintain the status quo during the case. Final periodic support can be awarded to a spouse who is in need and not at fault for the breakup, in amounts that are reasonable under the parties’ circumstances.

The Servicemembers Civil Relief Act protects active-duty members by allowing a stay of civil proceedings when duty materially affects the ability to appear. It also sets special rules for default judgments and interest rates. Local court procedures in Lafayette Parish include filings with the Clerk of Court and, in many cases, hearings before a domestic hearing officer for temporary custody, support, and related issues before a judge reviews and signs final orders.

Frequently Asked Questions

Can I file for divorce in Lafayette if my spouse is stationed outside Louisiana?

Yes, if you are domiciled in Louisiana or if your spouse is domiciled here, you can typically file in Lafayette Parish. The court’s authority to decide money issues against a nonresident spouse may require additional jurisdictional analysis, but the court can grant the divorce itself based on domicile.

How does the Servicemembers Civil Relief Act affect my case?

The SCRA can delay or pause court deadlines and hearings when a service member’s duties materially affect the ability to participate. The court may grant a stay of at least 90 days upon proper request and can extend it. Courts must also follow special rules before entering a default judgment against a service member.

How is military retired pay divided in a Louisiana divorce?

Louisiana can classify the portion of retired pay earned during the marriage as community property and award a share to the nonservice member spouse. The court order must use DFAS-acceptable language. DFAS will send payments directly to the former spouse only if the marriage overlapped at least 10 years of service, but a court can still award a share even if there is no direct DFAS payment.

What is the 10-10 rule and does it control whether I receive a share?

The 10-10 rule is a payment rule for DFAS. At least 10 years of marriage overlapping 10 years of creditable service are required for DFAS to pay a former spouse directly. It does not control whether the court can divide the retired pay. The court can divide it even if the overlap is shorter, but payment may have to come from the retiree rather than DFAS.

Can the court divide VA disability pay?

No. Federal law prohibits dividing VA disability benefits or the portion of retired pay waived to receive VA disability as marital property. Louisiana courts can consider overall resources when deciding support, but they cannot compensate a former spouse for a post-divorce waiver of retired pay to obtain disability benefits.

What happens to TRICARE and other benefits after divorce?

A former spouse may keep TRICARE and certain base privileges under the 20-20-20 rule if the marriage lasted at least 20 years, the member has at least 20 years of service, and there was at least a 20-year overlap. Limited one-year medical coverage may be available under the 20-20-15 rule. Otherwise, TRICARE generally ends at divorce, though certain transitional programs may help. Children remain eligible as dependents.

How are child support and BAH handled?

Louisiana’s child support guidelines include most military pays and allowances, including base pay, BAH, and BAS, when calculating gross income. The court will also allocate health insurance costs, childcare, and extraordinary expenses as allowed by the guidelines. Support can be enforced through DFAS wage withholding orders.

Will deployment affect custody or visitation in Lafayette?

Deployment by itself cannot be the sole reason for a permanent custody change. Courts can issue temporary custody or visitation orders that take effect during deployment, provide for makeup time, and set communication plans. Parents should notify each other promptly about orders and schedules and seek court approval for any needed temporary changes.

How are the Thrift Savings Plan and Survivor Benefit Plan addressed?

The Thrift Savings Plan is divided with a TSP-compliant Retirement Benefits Court Order. The Survivor Benefit Plan can protect a former spouse’s share of retired pay after the member’s death. Former spouse coverage must be elected within strict deadlines, usually within one year of the court order. The cost of SBP premiums and who pays them should be addressed in the judgment.

Where do I file and what court handles my case in Lafayette?

Divorces connected to Lafayette are filed with the Lafayette Parish Clerk of Court, and the case is heard in the Fifteenth Judicial District Court. Some matters may first be addressed by a domestic hearing officer who makes recommendations that a judge later reviews. Local rules and forms are available through the Clerk of Court and the District Court.

Additional Resources

Judge Advocate General Legal Assistance Offices can provide confidential advice to eligible service members and dependents about divorce, custody, and military benefits. In Louisiana, installations such as Fort Johnson legal assistance, Naval Air Station Joint Reserve Base New Orleans legal assistance, and Barksdale Air Force Base legal assistance are common points of contact.

Defense Finance and Accounting Service provides guidance and processes court orders dividing military retired pay and implementing wage garnishments for support. DFAS also handles Survivor Benefit Plan elections and questions.

Thrift Savings Plan participant services can explain what must be included in a court order to divide a TSP account and how to calculate gains and losses.

Military OneSource offers free nonlegal counseling, financial counseling, and referrals for military families. Contact Military OneSource at 800-342-9647.

Louisiana State Bar Association Lawyer Referral Service can connect you with private attorneys who handle military and family law in Lafayette.

Acadiana Legal Service Corporation may provide free or low-cost legal help to qualifying residents in Lafayette Parish for certain family law issues.

Lafayette Parish Clerk of Court and the Fifteenth Judicial District Court offer local procedures and forms for filing family law cases. Self-help resources from Louisiana courts explain divorce, custody, and support basics.

Next Steps

Confirm where you can file. If you or your spouse is domiciled in Louisiana and you have connections to Lafayette Parish, your case will likely proceed in the Fifteenth Judicial District Court. If children are involved, consider the child’s home state under the UCCJEA, which usually is the state where the child has lived for the last six months.

Gather documents. Collect marriage and birth certificates, orders showing current duty station, recent LES and tax returns, statements for TSP and other retirement or investment accounts, housing and household goods records, and any evidence relevant to custody and support. If you seek a stay under the SCRA, obtain a command letter describing how duty affects your ability to participate and the date when you will be available.

Speak with a JAG legal assistance attorney and a civilian family lawyer. JAG can explain military-specific benefits and protections but generally cannot represent you in civilian court. A Louisiana family law attorney can file documents, appear in court, and draft orders DFAS and TSP will accept.

Plan for parenting time around military obligations. Propose a schedule that accounts for drill weekends, TDY, deployment, and leave. Ask the court for temporary orders during deployment, virtual contact plans, and makeup time, and address relocation requirements if a PCS move is likely.

Address property and benefits early. Decide how to divide the community estate, including military retirement, TSP, vehicles, and debts. If a share of retired pay will be awarded, make sure your judgment includes DFAS-compliant language and addresses the Survivor Benefit Plan. If SBP former spouse coverage is ordered, file the election before the deadline.

Protect your finances and safety. Consider interim spousal support or child support if needed. If there is abuse, request a protective order and coordinate with command as appropriate. Update DEERS and beneficiary designations after the divorce as required.

File and follow local procedures. Work with your attorney to file the petition, request temporary orders, exchange required financial disclosures, and set hearings. Be prepared for a hearing officer conference before a judge issues final orders. Keep copies of all orders for DFAS, TSP, TRICARE, and your command as needed.

Military divorce touches both state and federal law. An experienced Lafayette family law attorney familiar with military issues can help you avoid costly mistakes and secure orders that courts and federal agencies will honor.