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Louisiana Military Law Questions & Answers
1 Answer | Asked in Military Law for Louisiana on
Q: Husband get military retirement do I get 50%of his retirement

We're married for 12 years

James L. Arrasmith
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answered on Jul 28, 2024

Whether you receive 50% of your husband's military retirement depends on various factors. The division of military retirement benefits in a divorce is determined by state law and the Uniformed Services Former Spouses' Protection Act (USFSPA). Under USFSPA, the military considers... View More

1 Answer | Asked in Criminal Law and Military Law for Louisiana on
Q: Is there any way to stop voice to skull ?
James L. Arrasmith
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answered on Mar 1, 2024

Stopping voice-to-skull technology can be challenging, as it involves complex electronic manipulation. However, there are steps you can take to mitigate its effects. Start by minimizing exposure to electronic devices and electromagnetic fields, as these can amplify the transmission of such signals.... View More

1 Answer | Asked in Domestic Violence, Military Law and Family Law for Louisiana on
Q: My ex husband retired military veteran.. emotionally abused me for years. I need help. Me and my kids didn't get a dime.
James L. Arrasmith
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answered on Jan 11, 2024

Dealing with the aftermath of emotional abuse, especially in a military family, can be incredibly challenging. First and foremost, it's important to recognize the strength it takes to seek help in such a situation. The emotional toll on you and your children is a serious concern and addressing... View More

1 Answer | Asked in Divorce and Military Law for Louisiana on
Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.

I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability.

James L. Arrasmith
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answered on Mar 15, 2023

In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Christie Tournet
Christie Tournet
answered on Feb 24, 2023

Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... View More

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1 Answer | Asked in Criminal Law and Military Law for Louisiana on
Q: What administrative remedies can a pre-trial litigant use?

It's a military case

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 14, 2022

Not nearly enough information to answer the question.

2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
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answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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1 Answer | Asked in Military Law for Louisiana on
Q: I was in the Army "Active Duty" from 2008-2012, Afghanistan from 2010-2011. How could I benefit from this?
Elizabeth Fowler Lunn
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answered on Mar 31, 2021

If you are asking about VA Compensation benefits, you can qualify for a monthly payment if you have a current medical condition that is related to your service - meaning it started while in service or was caused by something that happened to you while on active duty. In addition to monthly... View More

1 Answer | Asked in Banking and Military Law for Louisiana on
Q: What type of account is qualified for Louisiana Statute 29:312. I’m a servicemember who was told an account do not qual.

I’m a servicemember who was told he did not qualify for Louisiana Statute 29:312 due to my loan being a signature loan.

J. Heath Dillon
J. Heath Dillon
answered on Dec 10, 2020

It appears you were mislead by whomever told you the law doesn't apply to a signature loan. Recommend you consult with the Legal Assistance Office (part of JAG) at whatever installation to which you're assigned to get personal legal consult, advice and representation. Good luck.

1 Answer | Asked in Military Law for Louisiana on
Q: If considered a deserter in the marines what will be the likely outcome upon return

If a lawyer is hired is it possible that everything could get taken care of w/o returning due to the pandemic

Joshua Burke Johnson
Joshua Burke Johnson
answered on Nov 2, 2020

You will need to speak to a JAG (able to practice in Courts-Marshal) because this will fall under the Uniform Code of Military Justice.

1 Answer | Asked in Military Law for Louisiana on
Q: Does anyone know any ex-Marine Judge Advocates or other military law attorneys knowledgeable with Marine Corps justice?
R. Davis Younts
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R. Davis Younts
answered on Oct 29, 2020

Good Morning,

There are several very good lawyers with military experience. For example I served on active duty for 11 years in the Air Force and have significant experience representing Marines. An important question is what legal issue are you dealing with. If you let me know the...
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1 Answer | Asked in Military Law for Louisiana on
Q: What is the likely consequence for a Marine who went AWOL for over one year after being in for the same amount of time

Left due to psychological conditions and can show medical documentation proving the extenuating conditions of the psychological condition

R. Davis Younts
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R. Davis Younts
answered on Oct 29, 2020

Good Morning,

The typical response if you turn yourself in ranges from court-martial to administrative separation. If there are significant mitigating factors I would anticipate that an administrative separation could be negotiated. You should consider hiring an experienced attorney to...
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1 Answer | Asked in Divorce, Domestic Violence and Military Law for Louisiana on
Q: Which Louisiana civil code petition allows me to divorce an active duty soldier?

I have been granted a domestic violence protection order that allows me to file for immediate divorce but I cannot find the correct petition. La Civ. Code 103 states the spouse cannot be an active duty member, and that’s the same petition every attorney hands me.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 5, 2019

If your spouse consents, you can divorce now. But if your spouse does not consent, you have to wait until 60 days after discharge. That's why you can't find a "form".

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Military Law for Louisiana on
Q: I have served in the Combat Zone in Desert Shield and Desert Storm. I have submitted numerous of documents supporting .

I have submitted hazardous duty tax documents.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 19, 2019

Can't tell what your question is.

2 Answers | Asked in Divorce and Military Law for Louisiana on
Q: What would be good legal advice for a military spouse who suspects their spouse has been having an affair?

I’m a military spouse going through a divorce. My wife wanted one since she has been speaking to another man. I just found out the other day she went met with him and stayed in a hotel for a weekend. I have proof of receipts and other items but actual proof adultery has been committed. Neither of... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 4, 2018

You should hire a divorce lawyer before you report this to her command.

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1 Answer | Asked in Contracts, Employment Law and Military Law for Louisiana on
Q: I'm going to be joining the army and my husband has been convicted of a felony will he be able to be on base with me?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Jul 27, 2017

Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.

1 Answer | Asked in Military Law for Louisiana on
Q: Active duty military , please help .

I'm active duty in military 22 years old . Diagnosed with severe depression due to my sister suicide, my buddy over here got stabbed to death , buddies back home dying, a custody battle with my son an child's mother. An my dads health. It's all becoming too much. I'm also on... View More

Patrick Korody
Patrick Korody
answered on Feb 3, 2017

Medical separations and separations due to mental health issues must be initiated by the provider. The first step would be to place you on LIMDU or a Profile.

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