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2230 S MacArthur Dr, 2nd Fl, Alexandria, LA 71301-3057

Alexandria Military Divorce Attorney Serving Central Louisiana

Addressing the unique issues of military divorce

Any marital relationship requires a strong commitment and hard work on the part of both spouses. When one or both spouses serve in the military, commitment may not be enough to transcend long-term separation and other issues specific to military life. These issues continue to present challenges, even in divorce. The Law Office of Koby D. Boyett guides clients in Alexandria, Rapides Parish and throughout Central Louisiana through the special considerations involved in pursuing a military divorce.

The rules of military divorce

Overall, Louisiana military divorces follow state laws, with the same residency and filing requirements and permitting the same grounds available to any divorcing couple within the state. However, since any party of divorce must be served with appropriate paperwork, federal law — and Louisiana judicial discretion — can postpone divorce proceedings throughout the period an active service member is on duty, plus up to 60 days more. The Law Offices of Koby D. Boyett helps ensure all military-specific rules are applied, and we can help service members waive their rights in the event they want the divorce action to proceed.

Special concerns for children of military divorce

Reaching an equitable solution for the care and financial support of children is commonly the most emotionally charged part of any divorce agreement. While Louisiana guidelines help ensure the best interests of the children, two additional concerns pertain specifically to military families, as follows:

  • Financial support. The guidelines set forth by the state of Louisiana apply to Louisiana child support issues, but awards paid by military members cannot exceed 60 percent of their pay and allowances.
  • Child custody and visitation. Louisiana guidelines determine the child custody arrangement that provides the most stable and beneficial situation for the children. In many cases, primary custody may be awarded to non-military parents due to physical location concerns, but military parents may return home and seek changes to these arrangements through modification.

Koby D. Boyett encourages divorcing spouses to reach agreement to these and other issues by negotiating the settlement through mediation or arbitration. He understands the unique challenges caused by long-term separation and countless other issues faced by military members. He keeps the best interests of the children at the forefront when guiding families toward the best possible solutions.

Property division considerations for certain military spouses

As a community property state, Louisiana law splits marital property and debt equally in divorce, barring any negotiated agreement between spouses or specific court ruling to the contrary. However, the federal government instituted the Uniformed Services Former Spouses’ Protection Act (USFSPA) in an effort to protect the rights of certain military spouses to receive a portion of the retirement pay of service members. If you were married for at least ten years to a military member who accrues at least ten years of military retirement eligibility, attorney Koby D. Boyett can help you pursue a portion of the retirement benefits.

Count on an Alexandria divorce attorney serving clients in Rapides Parish and throughout Central Louisiana

The caliber of your military divorce attorney is critical to your outcome. You owe it to yourself to discuss your case or legal issue with Koby Boyett. The initial consultation is free, so you have nothing to lose and a great deal to gain.