Divorce

In any family law matter, emotions run high making it difficult for the parties to be rational when making decisions.  An attorney is the most logical way to insure you get all that you are entitled.

It takes 6 months to obtain a Judgment of Divorce if there are no minor children.  If children are involved, it takes a year before a Judgment of Divorce will be rendered by the Court.

Neither of the parties must be at fault to get a divorce.  Either may file simply because they no longer want to be married to their spouse.

A victim of domestic violence is entitled to a Protective Order and an immediate divorce.

The last incident has to have occurred within the past 30 days and physical abuse is the only type of domestic violence considered before the Court will issue a protective order.

Spousal Support:

Interim spousal support is calculated according to the financial situation of the parties.  Interim spousal support’s purpose is to help the party that is financially disadvantaged.  It is determined upon proof provided by the disadvantaged party and the other party’s ability to pay.  Interim spousal support is for a certain period of time and fault is not considered when calculated.

For permanent spousal support several factors are considered: the party requesting support must have the need and the other party must have the means to pay.  Additionally, the party requesting the support must prove they are free from fault for the failure of the marriage.

Child Custody:

The primary concern of the Court is to serve the best interest of the children.  The parties are generally entitled to Joint Custody.  Any parent seeking sole custody has the burden of proof to show the Court why joint custody is not in the best interest of the children.

A Joint Custody Plan is simply used to govern the custodial and visitation rights of the parents.  The purpose of such a plan is to help the parties co-parent the children.

When the parents are awarded Co-domicilary one of the parties generally is still obligated to pay child support in accordance with the Louisiana Child Support Guidelines.  Proof must be provided to the Court if there is any deviation from these guidelines.

A minor child does not get to choose the parent with whom they live.  The Court may consider the child’s wishes as one of several considerations in making such a determination and it is the preference of the Court to have a report or the testimony of a counsellor that has had the opportunity to get to know the child.

Community Property:

Community property issues are extremely complex.  One should never sign any type of agreement unless they fully understand all aspects of a community property settlement and they are in full agreement.

There are two Louisiana Civil Code Articles that apply to a Divorce: Article 102 and Article 103. The circumstances of each couple determine which Article is used to file a Petition for Divorce.   For more information, give us a call or fill out our online form.