Military service puts a lot of pressure on an individual. Service members often need to sacrifice control of their lives and even their health because of their careers. In some cases, their closest relationships may also suffer because of their job responsibilities.
Military service members may find themselves facing divorce while stationed in Louisiana. They may be unsure of what to expect. For the most part, the jurisdiction in which people pursue divorce largely determines what rules apply. Military spouses are subject to the same community property statutes and child custody regulations as any other couple divorcing in Louisiana. However, they can anticipate facing some unique challenges that do not typically complicate civilian divorces.
A longer divorce timeline
When spouses decide to file for divorce can influence how long the process takes. If a non-military spouse files for divorce while the service member is on active-duty deployment, the divorce may end up in legal limbo for months. Under the Servicemembers Civil Relief Act, those facing legal challenges while deployed can delay their court hearings. It could be many months after filing before the spouses ever have a hearing in front of a judge because of delays related to deployment.
Unique pay and benefit challenges
Working through benefits can be one of the more complicated aspects of any divorce. The non-military spouse may rely on the service member for health insurance. Those benefits typically end after the divorce. The service member may also need to report the change in their family status to their chain of command. Their pay and other benefits may shift because of their changing family size. Additionally, spouses may need to address a military pension as part of the community property division process.
Unusual custody concerns
When divorcing couples have children, they typically have to address custody and financial support issues. When one parent is a service member who may face deployment or extended training at a distant location, the custody arrangements naturally need to address a broader range of family challenges. Military couples often need to include multiple different plans and arrangements in their custody orders for the different challenges that the family could soon face. The service member may also need to update the family care plan that they filed with their chain of command in case there is an incident during training or deployment.
Recognizing the factors that differ in military divorces can help people prepare for what can be a complicated process. Military service members and their spouses often need support from professionals who are familiar with the unique demands of military divorces, and that’s okay.