Are you or your spouse in the military and seeking a divorce? Contact our Shreveport military divorce lawyer at Knight Law Firm, to schedule a consultation.
Military divorces have unique challenges that are not found in civilian divorces. In addition to Louisiana divorce laws, military divorces are subject to several federal laws that protect military members. During a military divorce, it is crucial to understand how the law impacts your divorce case. The best way to protect your rights is with the help of an experienced military divorce attorney.
Attorney Robert T. Knight has over 20 years of legal experience. He heads a team of legal professionals dedicated to helping our clients navigate the Louisiana divorce process. We are dedicated to helping you navigate a military divorce to protect your right to fair property division, domestic support, and child custody.
How Knight Law Firm Can Help You With a Military Divorce in Louisiana
Service members and their spouses make sacrifices to keep our country safe. If you are facing a divorce, please let our legal team serve you. We know you have concerns and questions about military divorces. We will help you with the answers to those questions and concerns.
When you hire our team, you can expect us to:
- Listen intently to you as you explain your situation
- Explain how Louisiana divorce laws and military law apply in your case
- Assist you in prioritizing the issues in your divorce that are most important to you
- Investigate allegations of hidden assets, parental alienation, being an unfit parent, domestic violence, and other wrongful acts
- Diligently pursue a fair divorce settlement through mediation and negotiation when possible
- Prepare your case for trial and aggressively advocate for your best interests in court if necessary
As you face a military divorce, you need a trusted attorney to fight for your rights. Contact Knight Law Firm to schedule a case evaluation with an experienced Shreveport family law attorney.
What Are the Residency Requirements for Military Members Filing for Divorce in Louisiana?
Generally, civilians petitioning for a divorce in Louisiana must be state residents for at least six months and file in the Parish where they have lived for the past 90 days. However, the rules may differ for members of the military.
Louisiana has several military bases. Service members usually live on the base or nearby unless they are deployed. Therefore, Louisiana has jurisdiction over a divorce if the couple has lived in the state for at least six months.
However, military members move often. Instead of changing their legal residence, active-duty service members can maintain their legal residence in the place they consider home, according to the Military Spouses Residency Relief Act. Residency could be complex in a military divorce, so it is best to speak with an attorney before filing divorce papers.
Property Division Laws in Louisiana Military Divorces
Louisiana is a community property state for dividing marital property in a divorce. Generally, the state has jurisdiction over property division in a military divorce. Therefore, each spouse should have an equal interest in marital assets.
The United Former Spouse Protection Act (USFSPA) governs military retirement accounts in divorce. The USFSPA recognizes the right of states to divide military retirement pay.
Even though the state can divide military retirement accounts in a divorce, it does not guarantee an outcome. The judge must apply the standard state law for dividing retirement during a divorce, such as only funds accrued during the marriage are subject to property division.
Determining Spousal Support or Alimony in a Military Divorce
Louisiana judges have the authority to grant alimony or spousal support in a divorce. Generally, the same laws apply to military members as civilians for determining whether a spouse is entitled to spousal support. However, there are some differences.
The primary difference is identifying the types of military pay that can be included in calculations for spousal support. Military pay that is typically used to determine support payments include:
- Base pay
- Housing allowance
- Basic allowance for subsistence
- Drill pay
An experienced military divorce attorney understands the laws governing spousal support in military divorces. They can ensure that all military income is accurately accounted for to ensure a fair outcome.
Child Custody and Child Support in a Military Divorce in Shreveport, LA
Special rules apply for child support and custody when one or both parents are in the military. Federal law takes precedence over state law for child custody matters in a military divorce. The primary factors federal law considers in custody matters are the child’s best interests and each parent’s ability to care for the child.
The Uniform Deployed Parents Custody and Visitation Act sets rules for child custody in a military divorce. The law protects the parental rights of military parents so they can continue a close relationship with their children.
For example, judges cannot issue final orders if the service member is deployed. Our experienced child custody lawyers develop parenting plans that comply with federal law while protecting your parental rights and your child’s well-being.
Child support is also a complicated issue in military divorces. The different military branches have their own rules for child support. We thoroughly analyze the child support rules, income, and other factors to ensure the child support amount complies with the law.
Contact Us for a Consultation With Our Shreveport Military Divorce Lawyer
Our Shreveport military divorce lawyers at Knight Law Firm, help you protect your rights during every phase of your divorce. Your best interests are our top priority. Call our office to schedule a confidential consultation to learn more about military divorces in Louisiana.
