Plus: Unique legal challenges and considerations of military divorce in Louisiana
For service members stationed at Louisiana’s military installations, such as Barksdale Air Force Base, Fort Johnson, or the Naval Air Station Joint Reserve Base New Orleans, understanding how to navigate the complexities of a military divorce is essential.
Below, our Lake Charles divorce attorneys walk you through the step-by-step process for filing a military divorce in Louisiana. We explore the unique aspects of military divorce and offer guidance on managing the legal hurdles specific to military families. If you’re considering divorce, contact us online or call (337) 433-1414 to schedule a consultation today.
Step 1: Determine where to file the divorce
One of the first decisions in a military divorce involves determining the appropriate jurisdiction to file the divorce papers. Unlike civilian divorces, military couples can choose to file for divorce in:
- The state where the service member is currently stationed.
- The state where the service member claims legal residency.
- The state where the non-military spouse resides.
For military personnel, Louisiana allows you to file in the state if it is your legal residence, even if you are stationed elsewhere.
Address residency requirements
Make sure you or your spouse meet the residency requirement to file in Louisiana. Typically, you must have lived in the state for at least six months before filing.
Step 2: Gather necessary documentation
Collect all necessary military documentation, such as leave & earning statements (LES) and civilian financial documents. This will be important for determining benefits, support obligations, and residency status.
Step 3: Consult with a military divorce attorney
Legal Representation: Contact a divorce attorney specializing in military divorces, like The Johnson Firm. They can help navigate both Louisiana state law and federal military regulations.
Step 4: Prepare and file the divorce petition
Your attorney will prepare the divorce petition, which must include specific details about the marriage, grounds for divorce, custody of children, division of assets, and any spousal or child support. In Louisiana, you can file on grounds of adultery, felony conviction, abandonment, or living separately for 180 days if there are no minor children or 365 days if there are minor children from the marriage.
The petition needs to be legally served to your spouse. If your spouse is deployed, the Servicemembers Civil Relief Act (SCRA) allows for a potential stay of proceedings, which can delay the process if they cannot be present.
Step 5: Navigate custody and support issues
Child support and alimony calculations in military divorces must account for the total military pay, including base pay, Basic Allowance for Housing (BAH), and other special pay. The SCRA may affect proceedings, as it provides certain protections that can delay court actions if the service member is on active duty.
Additional protections under the SCRA
The SCRA provides additional protections in military divorce proceedings, including:
- Stay of proceedings: When a service member cannot attend court due to duty requirements, they can request a “stay” of the proceedings, which can delay the divorce.
- Default judgments: Special rules prevent courts from entering default judgments against active duty service members without first appointing an attorney to represent their interests.
Step 6: Division of military benefits
Military divorces must address how military benefits are divided, particularly the military pension. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military pensions can be treated as property rather than income, meaning they can be divided between spouses in a divorce.
The division is not automatic; the marriage must have lasted at least ten years during which the service member performed at least ten years of military service (the 10/10 rule) for direct payment from the Defense Finance and Accounting Service (DFAS).
(H3) Other military benefits considerations
- Healthcare: Former spouses might be eligible to receive military healthcare benefits if they meet specific criteria under the 20/20/20 rule (20 years of marriage, 20 years of service, and a 20-year overlap of marriage and service).
- Commissary and exchange privileges are also governed by the 20/20/20 rule.
Step 7: Attend mediation or court hearings
You may need to attend mediation to resolve disputes or court hearings if certain aspects of the divorce are contested. Your attorney can represent you, especially if military duties interfere with your ability to attend.
Step 8: Finalize the divorce
Once all issues are resolved and the judge approves the agreement, a judgment of divorce will be issued, formally ending the marriage. Ensure you receive certified copies of the judgment for your records.
Step 9: Post-divorce actions
After the divorce is finalized, update your DEERS records, revise your will, and make necessary changes to beneficiaries on life insurance policies and retirement accounts.
How The Johnson Firm can help
At The Johnson Firm, we are equipped to help military families understand their rights and obligations and provide expert guidance tailored to the complexities of military divorce.
Whether it’s strategizing the optimal state in which to file, understanding your entitlements concerning military pensions and benefits, or ensuring compliance with military regulations and protections, our experienced attorneys are here to support you.
Contact The Johnson Firm today to discuss your situation and ensure that your interests and rights are fully protected throughout the divorce process.