When Servicemembers Split
The typical divorce requires property division, determination of child custody and support, and spousal support along with other issues. When one or both parties are servicemembers, there are additional factors such as deployment and child relocation, as well as legal issues, such as military pensions and benefits.
In many respects, divorce involving a member of the military is like any other divorce. It must be filed in a state court, and a state judge will make rulings and orders. The question is, where can you file? One of our attorneys will help you determine if a Louisiana court will have jurisdiction.
How Military Divorce Is Different
Property division is a little more complicated in a military divorce. Depending on how long the couple was married, a non-military spouse will have the right to certain very significant benefits, including pension benefits, health benefits, and the right to use military facilities such as a PX.
Child custody and visitation may be complicated by the assignment of the serviceperson to a distant base or even active duty. A long-distance parenting plan may be required.
Finally, the ex-spouse of a serviceperson has benefits under the Uniformed Services Former Spouses Protection Act (USFSPA) if the couple was married for at least 20 years and the period of service overlapped that period. The USFSPA also provides for direct payment of pension benefits to the ex-spouse if the couple was married for at least 10 years.
Tell Us Your Story
For greater detail and an evaluation of your specific military family law situation, contact the Rowe Law Firm, in Baton Rouge, Louisiana. Call 225-293-8787 or toll free 877-335-7910 or contact us via this website to set up a consultation with a lawyer.
Rowe Law Firm