Best Military Divorce Lawyers in Louisiana

About Military Divorce Law in Louisiana, United States

Military divorce refers to the dissolution of a marriage where at least one spouse is actively serving in the United States Armed Forces. Louisiana, with its several military bases such as Barksdale Air Force Base and Fort Polk, sees a significant number of military families navigating unique legal challenges during divorce. Military divorce intertwines both Louisiana state law and federal military regulations, making these cases more complex than standard civilian divorces. Factors such as division of military retirement benefits, relocation orders, custody of children, deployment, and housing benefits introduce special considerations that require careful attention and thorough understanding of both legal systems.

Why You May Need a Lawyer

Military divorce can present unfamiliar and complicated legal issues. Here are common situations when legal help is crucial:

• One or both spouses are stationed outside Louisiana or overseas, complicating issues of residency and jurisdiction.
• You or your spouse are dealing with deployment or have uncertain future assignments, which affects custody and visitation arrangements.
• Division of military retirement and benefits must be negotiated, which requires complying with federal laws like USFSPA (Uniformed Services Former Spouses' Protection Act).
• The Servicemembers Civil Relief Act (SCRA) may delay or impact divorce proceedings due to military obligations.
• Questions arise regarding TRICARE, Survivor Benefit Plan, or access to military healthcare for ex-spouses.
• You need assistance serving divorce papers to a deployed spouse or managing timelines delayed by service commitments.
• Establishing or enforcing child and spousal support within military guidelines and pay structures needs to be addressed.

Due to these complexities, having a knowledgeable Louisiana family law attorney experienced in military divorce can provide protection of your rights and ensure a smoother process.

Local Laws Overview

Louisiana has unique legal features that affect military divorces:

• Residency Requirements: Louisiana generally requires either spouse to have lived in the state for at least six months before filing for divorce. For military members stationed in Louisiana, service counts as residency for this purpose.
• No-Fault Divorce: Louisiana is principally a no-fault divorce state, which means a marriage can be dissolved due to irreconcilable differences. However, waiting periods may apply, particularly when minor children are involved.
• Community Property: Louisiana is a community property state, which means assets acquired during marriage are typically split evenly. This includes wages, property, and sometimes the military service member's retirement benefits earned during marriage.
• Military Benefits Division: The USFSPA allows Louisiana courts to divide military pensions, provided you were married for at least 10 years overlapping with 10 years of military service.
• Federal Protections: The SCRA can delay court actions and protect the rights of active duty military members during court proceedings.
• Child Custody and Support: Child custody is determined under Louisiana’s best interest standard, but deployments and reassignments are taken into account. Child support is calculated per state guidelines but considers basic allowance for housing and other military pay.
• Service of Process: Serving divorce papers to an active duty service member can require special procedures, particularly if stationed overseas or on assignment.

Frequently Asked Questions

What are the residency requirements for a military divorce in Louisiana?

You or your spouse must reside in Louisiana for at least six months before filing for divorce. If an active duty member is stationed in Louisiana, their assignment can be used to meet the residency requirement even if legal residence is in another state.

Can my military pension be divided in a Louisiana divorce?

Yes, under federal law (USFSPA), Louisiana courts can divide military pensions. The court can instruct the Defense Finance and Accounting Service (DFAS) to pay a portion of the pension to the non-military spouse if the marriage overlapped with at least 10 years of military service. Even if married less than 10 years, the court may still divide the pension, but direct payments through DFAS may not be possible.

How does deployment affect child custody?

Louisiana courts consider a parent’s military obligations and deployment schedules when deciding custody. Plans can be modified to accommodate military service and ensure the best interests of the child. The law also provides that absence due to deployment should not by itself affect custody rights.

Are military healthcare benefits available to ex-spouses?

Ex-spouses may be eligible for continued TRICARE benefits under certain conditions, typically if the marriage lasted at least 20 years and overlapped with 20 years of military service (the 20-20-20 rule). Spouses with less overlap may be eligible for limited transitional coverage.

Does Louisiana recognize the Servicemembers Civil Relief Act (SCRA)?

Yes, all states must comply with SCRA. It provides protections for active duty service members, including postponing divorce proceedings, preventing default judgments, and other legal safeguards if a service member cannot attend court due to military duty.

How do I serve divorce papers to a spouse stationed overseas?

Serving divorce papers abroad can be complex. It often involves coordination with military legal offices, possible use of international treaties (like the Hague Convention), and compliance with federal and military rules. Consulting a Louisiana attorney with military divorce experience is recommended.

Will my Basic Allowance for Housing (BAH) be included in calculating child support?

Yes, Louisiana courts consider all sources of income when calculating child support, including military pay, housing allowances, and other benefits.

Can a military divorce be filed if myself and my spouse are living in different states?

Yes, but jurisdiction is key. Generally, you can file where you or your spouse reside or where the service member is stationed. It’s important to establish that the court in Louisiana has jurisdiction over your case.

What happens to our community property in a military divorce?

Louisiana law generally requires an equal split of community property, including assets and debts acquired during marriage, unless you and your spouse reach a different agreement. Military benefits accrued during marriage are considered community property.

Do I need a lawyer for a military divorce in Louisiana?

While court forms exist for self-representation, due to federal law and military regulations, military divorces are far more complex than civilian cases. Having a lawyer ensures you understand your rights and obligations and can help protect your interests throughout the process.

Additional Resources

• Louisiana Bar Association - Provides referrals to qualified family law and military law attorneys.
• Judge Advocate General’s (JAG) Office - Each military installation has a JAG office that offers free legal guidance to service members and their families.
• Louisiana Child Support Enforcement (Department of Children and Family Services) - Helps establish and enforce child support orders.
• Defense Finance and Accounting Service (DFAS) - Administers military pay and pension division for divorcing service members and spouses.
• Military OneSource - A Department of Defense program offering free resources and counseling for military members and spouses, including legal matters.
• Louisiana Civil District Courts - For information on divorce filing procedures in your local parish.

Next Steps

If you are considering or facing a military divorce in Louisiana, begin by gathering important documents such as marriage certificates, military pay statements, and records of shared assets or debts. If children are involved, collect documents related to their health, education, and your current parenting arrangement. Next, consult with an attorney experienced in both Louisiana family law and military divorce to review your case and outline a strategy that considers federal and state laws. The attorney can help you understand your rights, negotiate effectively, and advocate for your interests in court if necessary. You may also want to contact your local JAG office for preliminary guidance and support. Taking informed action early in the process helps ensure the best possible outcome for your family.