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Common military divorce issues concerning property division

On Behalf of | Apr 11, 2022 | Uncategorized

Military divorces can be more complicated than civilian divorces in Louisiana as there are a number of unique factors that can come into play. One issue that often arises is property division. If you are facing a military divorce, it is important to understand the complexities involved and how they can impact your case.

Jurisdiction

Usually, the court with jurisdiction over a military divorce is the state where the military member gets stationed. However, if the military member is not stationed in the U.S., or if there is no military connection to any particular state, then another option is to file in the state where either spouse resides.

It is important to note that different states have different rules when it comes to property division. If you file in a state that is not your current residence, you may be subject to the laws of that state, which could impact how your property gets divided.

Separate versus marital property

“Separate” property is generally considered to be anything that belonged to either spouse before the marriage while “marital” property is everything else. In general, marital property is divided equally between the spouses, but there are a number of exceptions. For example, if one spouse contributed more to the acquisition or enhancement of the marital property, they may receive a larger share.

Pensions and other retirement benefits can also be a source of contention in a military divorce. These benefits are typically considered marital property, but there may be exceptions if they were earned during a period of separation.

Child custody and support

When it comes to child custody and support, the Uniform Child Custody Jurisdiction and Enforcement Act applies. This legislation lays out which state has jurisdiction over child custody matters, so it is important to understand how it works in order to avoid any potential conflicts.

Similarly, the amount of child support that’s paid is usually based on state guidelines. However, there may be some variation depending on the individual circumstances of the case.

If you’re married to a member of the military or you’re a service person considering divorce, it is important to understand the unique issues that can come up. You’ll want to avoid any surprises and make sure you are taking the best possible legal action.