If you’re going it alone, divorce can be difficult and lonely.
Even the strongest people can be overwhelmed by trying to manage the legal, financial, and emotional aspects that come with a divorce. It’s easy for depression to set in when you add the possibility of having children affected and all your day-to-day stuff.
In Louisiana, military divorces are treated in the same manner as civil divorces. However, it is important to note that the court must consider several federal statutes when deciding on a Louisiana military divorce. These include the distribution of pension, spousal and child support as well as child relocation.
Location for Filing
The first aspect you need to check is where you should file your lawsuit. Before you can file a Louisiana suit, either your spouse or you must have lived or been stationed in Louisiana for at least six months. Without your spouse’s consent, the Soldiers and Sailors Civil Relief Act will prevent you from moving forward with your case if your spouse is deployed overseas.
Please remember that a court will not sign a default judgment (the common method used in an uncontested divorce) if your spouse is serving in the military. This is unless your spouse signs a waiver acknowledging your divorce and waiving any service.
Spousal Support and Child Support
Louisiana guidelines determine child support and spousal support. However, federal law states that they cannot exceed sixty percent of the pay and allowance of a service member. U.S. military veterans and servicemen must provide child support for their custodial or non-custodial kids, according to federal regulations.
A written support agreement is made between the military servicemember and the child’s other parent. If a court order is in place by the state, the military service member must provide financial support according to the court order or agreement. In the absence of a written support agreement between the military service member and the child’s other parent, or if a state court order has been made, a military service member is required to provide financial support until the court orders are obtained.
Because of the temporary nature of military service, military divorces can involve child relocation. When deciding whether to allow child relocation in a military marriage, a Louisiana court will take into account the same factors that are used for civilian divorces. The court will decide if it is in the best interests of the child to relocate. You can request the court to include relocation provisions into your custody order, even if you don’t have any immediate plans for relocation.
The Uniformed Services Former Spouses’ Protection Act governs the division of retirement benefits. This law directs how servicemembers’ retirement benefits should be divided following divorce. A former spouse can only claim a service member’s retirement benefits if they have been married for at least 10 years. If the ex-spouse meets the requirements, the Uniformed Services Former Spouses Protection Act offers many protections for the former spouse.
While general Louisiana law will govern military divorce, there will be specific federal rules that will apply in your case. To ensure the best possible outcome, it is crucial to find an experienced divorce attorney.
Ask for recommendations from family and friends if you are going through a divorce. Also, be sure to check out online reviews. If a review is fake or someone seems insincere, trust your gut instincts.
Louisiana divorces are not usually quick. We can help you faster if you contact us sooner than you think. We can provide the legal services that you need to navigate this significant life transition. However, we will need time to review your case and prepare it.
Even though you may not be able to imagine your marriage ending in divorce, you don’t have to go through it on your own. Ask for the support and guidance of family members and friends and reach out to Louisiana family lawyers.
The advice and reviews of others can be helpful, but only to a certain extent. It comes down to choosing the law firm that you feel most at ease with. Contact us at Bowie & Beresko today at 318-221-0600 to get a free case evaluation. Our experienced legal team understands how emotionally and stressful a divorce can be for anyone, especially children.