Southeast Louisiana Military Divorce Lawyer
Military divorces in Louisiana are processed in the same way as civilian divorces, for the most part. However, while dealing with a military divorce, the court must take into account a number of federal requirements that affect pension distribution, spousal support, child support and child relocation. Working with a military divorce lawyer helps to streamline this process, and insure that you are taking the steps necessary to obtain a positive outcome.
What Can Make Military Divorces Stand Out From Civilian Divorces
There are typically four different aspects that must be evaluated in military divorce. While these are likely taken into account in a civilian divorce as well, it is how a court evaluates them that differences begin.
Child And Spousal Support
These are assessed according to Louisiana regulations, although federal law states that the award of support cannot exceed 60% of a service member’s pay and allowance. Child support is required by federal regulations for both custodial and noncustodial children of U.S. military service personnel and veterans.
In the absence of a financial child support plan, the military determines interim support measures until a court order is secured.
Child Relocation
Child relocation and child custody are major concerns in military divorces due to the temporary nature of military duty. When determining child relocation in a military divorce, a Louisiana court will consider the same factors as in civilian divorces.
The court will decide if relocating the child is in the best interests of the child. Even if you have no plans to relocate right away, you can ask the court to add relocation provisions to your custody order in the event that you do.
Retirement Distribution
The Uniformed Services Former Spouses Protection Act governs the division of retirement payments. This law specifies how a service member’s retirement benefits should be split in the event of a divorce.
For a former spouse to be eligible for a service member’s retirement, the former spouse must have been married to the service member for at least 10 years while the service member was on active duty. If a former spouse meets the act’s conditions, they are given a number of benefits.
Venue
The first concern is where you should submit your lawsuit. Before you can bring a lawsuit in Louisiana, you or your spouse must have lived or been stationed in the state for at least six months.
Under the Soldiers’ and Sailors’ Civil Relief Act, you will not be allowed to move on with your case without your spouse’s agreement if he or she is deployed overseas or otherwise unable to respond to the divorce for reasons relating to his or her military duty.
When your spouse is engaged in the military, the court will not sign a default judgment (the process frequently used in an “uncontested divorce”) unless your spouse submits a waiver acknowledging the divorce and waiving service. You can still get an uncontested divorce if your spouse refuses to serve you.
Get The Help You Need From A New Orleans Military Divorce Lawyer Today
To seek the outcomes you desire for your case, you should contact a Louisiana family law attorney who specializes in military divorce and can give you specific legal advice for your circumstances. You can schedule a consultation with our Metairie office by calling us at 504-688-6953 at our New Orleans office, or visiting our contact page.