Receiving divorce papers while deployed overseas can be blindsiding. Between your military duties and the legal process thousands of miles away, you may feel unsure about what actions you can take. Understanding how federal and Louisiana laws work together can help you make informed decisions about your pending divorce proceedings.
Federal protections while on active duty
The Servicemembers Civil Relief Act (SCRA) offers protections for active-duty personnel involved in civil court proceedings, including divorce cases. This federal law acknowledges that your military obligations can prevent you from fully participating in the upcoming divorce proceedings.
When deployment prevents you from attending court, you may request a stay of proceedings of at least 90 days. This action temporarily halts your divorce case and the court may grant additional extensions as needed.
The stay of proceedings does not stop your spouse from filing for divorce, but it does give you extra time to secure legal counsel and take part in the case. The SCRA also limits the entry of default judgments when your failure to appear is directly related to your military service, ensuring you have the opportunity to respond to divorce filings and attend hearings.
To request this pause, you or someone acting on your behalf must submit a written application to the court, usually with a letter from your Commanding Officer explaining how your duties keep you from appearing in court.
Courts may allow remote participation for certain hearings using teleconference or video when there are compelling reasons or when a witness is beyond the court’s reach.
Property division and military benefits
Louisiana follows community property laws, so most assets earned during the marriage are split equally. For military families, this often includes retirement benefits, housing allowances and other service pay.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows courts to consider military retirement pay as divisible property. Courts can award up to 50% of a service member’s retired pay to a former spouse. To figure out the portion earned during the marriage, courts usually compare the years of marriage that overlapped with service to the total years of service.
The 10/10 rule changes how payments will be directed. If the couple was married for at least 10 years and had 10 years of overlapping creditable service, the Defense Finance and Accounting Service (DFAS) sends payments directly to the former spouse. When this threshold is not met, the court can still divide the retirement benefits as marital property but the service member must make private payments to the former spouse.
How deployment affects child custody determinations
Courts understand that military service includes unpredictable schedules, relocations and long absences. They cannot use a parent’s military duties as the only reason to deny custody or visitation rights.
When deciding custody, courts look at the service member’s plans for caring for the child while away. In these cases, having a family care plan is important. It will explain who will take care of the children, where the children will live and how other caregivers will tackle daily responsibilities.
Courts also consider the quality of the proposed care. They evaluate whether the service member has arranged suitable care with family, the other parent or trusted individuals. Showing careful planning for the child’s continued care can improve custody outcomes.
Communication plans matter as well. Courts want to see how the deployed parent will stay in regular contact with the children. Video calls, emails and other methods can show the parents’ commitment to maintaining the parent-child relationship.
Options for managing a divorce during deployment
Deployed service members have various options for addressing an upcoming divorce. Legal assistance offices on base can explain your rights under the SCRA and help you understand military divorce laws. However, they cannot represent you in family court.
Service members may consider hiring private attorneys experienced in military divorces. They can assist you with court appearances, file documents and negotiate on your behalf.