Divorce is never easy, and for military members and their families, it can be even more complicated. Serving in the military comes with its own set of options and requirements when it comes to filing for divorce. If you are a military member considering divorce in Louisiana, here are some essential things to keep in mind.
Understanding Louisiana’s Military Divorce Laws
Louisiana follows the "community property" principle, which means that marital property and debts are typically divided equally between spouses during divorce proceedings. However, when a military pension is involved, special rules come into play. The Uniformed Services Former Spouses Protection Act (USFSPA) grants state courts the authority to divide military pensions in divorce settlements.
Under the USFSPA, if a military member has served for at least ten years, the ex-spouse may be entitled to receive a portion of the pension directly from the military. When dividing the pension, the court takes various factors into consideration, such as the length of the marriage and the contributions made by each spouse towards the military member’s career.
Filing for Divorce in Louisiana: Requirements and Process
To file for divorce in Louisiana, either you or your spouse must have been a resident of the state for at least six months prior to filing. If you are a military member stationed in Louisiana but do not consider it as your residence, you may still be eligible to file if your spouse is a Louisiana resident.
To initiate the divorce proceedings, you need to file a "Petition for Divorce" with the appropriate Louisiana court. This can be done with or without the assistance of an attorney. Your petition should provide relevant details about your marriage, any children you have, and the grounds for the divorce.
Serving Your Spouse: Special Considerations in Military Divorce
Serving your spouse with divorce papers in a military divorce can be more complex than in a civilian divorce. In this situation, you are required to comply with the rules outlined in the Servicemembers Civil Relief Act (SCRA).
Under the SCRA, military members are offered certain protections against receiving legal notifications or being served with papers while on active duty. Therefore, serving your military spouse requires following specific protocols, such as notifying their commanding officer or utilizing certified mail. If you are uncertain about the proper procedures, seeking guidance from a military divorce attorney is advisable.
Child Custody and Support: An Extra Layer of Complexity
Child custody and support are often the most challenging aspects of any divorce. When one or both parents are serving in the military, additional considerations come into play. For instance, if one parent is deployed, temporary custody arrangements may need to be made.
In Louisiana, child support is determined based on the income of both parents and the needs of the child. If a military member receives a housing allowance or any other military pay, it may be considered as income when calculating child support.
Finding the Right Path: Navigating a Military Divorce in Louisiana
A military divorce in Louisiana can be a complex journey, but with the right guidance, you can successfully navigate through it. It is highly recommended to seek assistance from an experienced family law attorney who specializes in military divorces. They possess the necessary knowledge and understanding of the unique challenges involved in such cases, ensuring your rights and future are protected.
In conclusion, while military divorces in Louisiana may present challenges, being well-informed and having the support you need can make a significant difference. Remember, you are not alone, and professional guidance can provide the clarity and assistance necessary to achieve a successful resolution.