Are you going through a military divorce in Monroe, Louisiana? Knight Law Firm can help when you call (318) 323-2213. You’ll work with a Monroe military divorce lawyer who understands the unique challenges of these cases and is committed to guiding you through each step with skill and dedication.
Military divorces often involve unique federal rules along with Louisiana family law, making them more complex than standard divorces. With experienced guidance, you can protect your rights and work toward the best outcome for your future.
Call our office or reach out online today to get started.
Why Should I Hire Knight Law Firm for My Military Divorce in Monroe, Louisiana?
Choosing the right attorney for your Monroe military divorce could be the most important decision you make. At Knight Law Firm, we bring decades of experience and a proven record of success in Louisiana family law, and we understand the unique challenges that military families face.
When you hire us in Monroe, LA, you can count on:
- Extensive experience: Our Monroe military divorce attorney has more than 20 years of legal experience and will work hard to ensure your rights and interests are fully protected throughout the process.
- Deep knowledge of military divorce law: We can handle cases involving statutes like the USFSPA, the SCRA, and Louisiana’s community property rules, giving us the insight needed to protect your rights.
- Personalized strategies: Every divorce is different. We take the time to understand your goals and tailor a legal approach that supports your family’s needs.
- Strong negotiation and trial skills: Whether your case is resolved through settlement or must be litigated in court, we have the experience and determination to fight for the best outcome.
- Support for military families: We respect the sacrifices made by service members and their spouses. Our attorney provides compassionate but aggressive representation when it matters most.
Hiring Knight Law Firm means having a skilled, dedicated legal team in your corner from the beginning. Contact our office today to schedule an initial consultation with a Monroe family law attorney.
Military Divorce Law in Louisiana
While military divorces must comply with Louisiana divorce laws, certain federal rules also come into play. This overlap can create confusion without having skilled legal representation on your side.
Some important aspects include:
- Residency requirements: At least one spouse must live in Louisiana or be stationed here to file for divorce in the state.
- Service of process: Special rules apply to serving divorce papers to an active-duty service member. Under the Servicemembers Civil Relief Act (SCRA), court proceedings may be delayed if military duties prevent the service member from participating.
- Military retirement benefits: Federal law allows state courts to divide military pensions in divorce, but only under specific circumstances. The 10/10 rule (10 years of marriage overlapping 10 years of service) is an important factor.
- Child custody and visitation: Deployment and relocation often affect parenting schedules, which means courts must carefully consider the best interests of the child while respecting the realities of military service.
Military divorce cases often require balancing the interests of both spouses while complying with rules that don’t apply in civilian cases. Having a lawyer who understands these complexities is key.
Property Division in a Monroe Military Divorce
Louisiana is a community property state, meaning that marital property is typically divided equally between spouses. In a military divorce, property division involves both civilian assets and military-specific benefits.
Marital property may include:
- The family home
- Vehicles
- Retirement accounts and pensions
- Bank accounts and savings
- Personal property, such as furniture and jewelry
- Military retirement benefits (when applicable)
Separate property (meaning assets owned before marriage or received through inheritance or as a gift) is generally not divided. However, property can sometimes become commingled, making classification more complicated.
Child Custody in a Military Divorce
Child custody can be especially challenging in military divorces due to the possibility of deployment, transfers, and relocation. Louisiana family courts always focus on the best interests of the child when deciding custody.
Factors the court may consider include:
- The child’s emotional and physical needs
- Each parent’s ability to provide stability
- The child’s relationship with each parent
- Work schedules and the availability of each parent
- Any special circumstances related to military service, such as an upcoming deployment
In some cases, custody arrangements may need to be flexible to account for the service member’s duties. For example, a court may allow for modified visitation during deployment and additional parenting time when the service member returns.
Spousal Support in a Military Divorce
Spousal support (alimony) may also be an issue in a Monroe military divorce. Louisiana courts may order one spouse to pay support if there is a financial imbalance between the two parties after separation.
Courts consider factors such as:
- The length of the marriage
- Each spouse’s income and earning ability
- Contributions made during the marriage, including supporting the service member’s career
- The standard of living during the marriage
Military allowances, such as Basic Allowance for Housing (BAH), may also be considered when calculating support. Determining what is fair requires a detailed review of both civilian and military income.
The Division of Military Retirement and Benefits
One of the most complex aspects of a Monroe military divorce involves dividing retirement benefits. Federal law, through the Uniformed Services Former Spouses’ Protection Act (USFSPA), allows state courts to divide a military pension as marital property. However, the rules are highly specific.
- The 10/10 rule: A former spouse can receive direct payment of retirement benefits from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years and overlapped with at least 10 years of creditable military service.
- Disability benefits: VA disability compensation is generally not divisible as marital property, but it may affect spousal support or child support calculations.
- Survivor Benefit Plan (SBP): Former spouses may be entitled to coverage under the SBP, which provides continued income if the service member passes away.
These issues can be some of the most complex that apply to military divorce cases in Louisiana.
Relocation and Deployment Issues in Military Divorce
Relocation is a common challenge in military families. A service member may, for instance, be reassigned to a new base or transferred across the country. These changes can significantly impact custody arrangements and parenting plans.
Louisiana courts look closely at what’s best for the child when one parent requests to relocate. Judges will weigh:
- The reason for the move
- The distance and its impact on the child’s education and daily life
- How the relocation affects the child’s relationship with both parents
- The ability of the non-moving parent to maintain consistent contact
Deployment orders can also complicate custody. Parents may need temporary modifications to custody agreements to account for active duty service, with visitation and parenting time resuming once the service member returns.
What Does the Military Divorce Process Look Like in Louisiana?
Although every case is unique, most military divorces follow a general process. Knowing what to expect can make the experience less overwhelming.
- Filing for divorce: One spouse must file a petition in Louisiana. Residency or stationing requirements must also be satisfied.
- Serving divorce papers: Active-duty members are entitled to protections under the SCRA, which may delay proceedings if their duties prevent them from responding.
- Temporary orders: The court may issue temporary orders regarding child custody, support, or use of property while the divorce is pending.
- Negotiation and settlement: Many cases are resolved through negotiation or mediation, which can be faster and less costly than a trial.
- Division of property and benefits: The court ensures assets and debts, including military benefits, are divided fairly.
- Final decree: Once all issues are resolved, the judge issues a final divorce decree.
At each stage, our Monroe military divorce lawyer can help you avoid mistakes and protect your rights.
Schedule a Consultation With a Monroe Military Divorce Lawyer
Are you preparing for a military divorce in Monroe, Louisiana? The process can be extremely complex if you don’t have an experienced lawyer on your side, but we’re here to help. Our Monroe military divorce lawyer at Knight Law Firm has decades of experience handling complex divorce cases involving both Louisiana and federal law.
We’ll stand by your side and help you move forward with confidence. Call today to schedule an initial consultation.
