Family Law

Family Law

Family Law involves the most personal aspects of your life. We are here to help. If you need assistance with a divorce, child custody, child support, or defense against child services, contact us today.

Having an attorney with experience can make all the difference between getting a good outcome or a poor one.

Let us help you put this difficult time in perspective, and get you settled into a fair and balanced family plan that is best for everyone involved, especially your children.

Divorce

wedding rings in hand
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    There are two primary forms of divorce in Louisiana, La CC 102 and La CC 103.  Article 102 can be said to cover the cases where people are still living together, but one or both wants a divorce.  Article 103 can be for when you're already apart, maybe you split up ten years ago and you finally want that divorce.  Both of these are "no fault" divorces, and are simple to obtain.  They require the right paperwork, and a waiting period.


    There are also fault based divorces, which can be granted immediately.  There are only a few justifiable reasons for fault in Louisiana, and those are: Adultery (cheating), the other spouse has been convicted of a felony and sentenced to hard labor, or physical or sexual abuse and the finding of a protective order.


    This is just the divorce.  There may be other "ancillary" issues, such as custody, child support, spousal support, or the division of property (partition).


    http://legis.la.gov/legis/Law.aspx?p=y&d=108532

    http://legis.la.gov/legis/Law.aspx?d=108533

Child Custody

baby face
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    Child custody is an often contentious issue. Custody is awarded to one or both parents in accordance with whatever is in the best interest of the child(ren).  It is a very fact-intensive inquiry, in other words, it depends a lot on each parent's situation and the real word concerns for everyone involved.


    Persons other than parents can come to have custody of children, but this is more rare, and usually occurs in special circumstances.


    There are four main types of custody: Joint, Shared, Sole and Split.  Joint occurs when one parent has the majority of the time with the parent, and the other has less, but is still involved in the child(ren)'s lives.  Shared is when the parents have approximately 50%/50% time with the children, and is preferred under the law in most cases.  Sole custody is uncommon, and mostly occurs when there have been significant problems in the home.  Split is very rare, and occurs when there are multiple children, and each parent has primary custody of a different child.


    All of these custodial arrangements have the potential to work for different people in different situations.  The important thing is to figure out what is in the best interest of the children, and to commit to moving in that direction.


    http://legis.la.gov/legis/Law.aspx?d=108661

    http://legis.la.gov/legis/Law.aspx?d=108693

Child Support

baby holding parents hand
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    Child support in Louisiana is statutory, or defined by law. It takes into account the income of the parents, and the living situation of the children, whether they live with both parents or just one.  Louisiana is also what's called an "income shares" state, such that each parent will pay support in proportion to his or her percentage of the total income generated by both parents added together.

    If both parents make a combined $50,000.00 per year, the total amount expected to be expended on the children will be less than if both parents make a combined $100,000.00 per year.


    Things like health insurance, tuition, medical costs, daycare and extracurricular activities are all in addition to the base costs intended to pay for the bare necessities.


    In order to do a proper calculation, attorneys literally fill out a worksheet that looks like a math word problem, and solve for the monthly amount.

    After that amount is determined, there can be reasons to increase or decrease the amount, but that is always a good starting point.


    http://legis.la.gov/legis/Law.aspx?d=107384

Community Property

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    What is community property and what is separate property?  In Louisiana, unless there is a prenuptial agreement, you will probably be in a community property regime, also called the legal regime.  This means anything you owned before the marriage is separate property, and anything you acquire after you become married is community, or 50%/50%.  It does not matter if one spouse makes $20,000.00 per year and the other makes $100,000.00.  What matters generally is the date of acquisition, whether is was bought or earned before or after becoming married.

    This includes investment accounts, retirement accounts, houses, cars, bank accounts - anything of value.

    The goal is to give each spouse his or her half as efficiently as possible, without spending so much money on lawyers that there's nothing left.  The happiest people in this regard often wind up being the people who are willing to both give a little to make it work.


    http://legis.la.gov/legis/Law.aspx?d=109403

Spousal Support

couple hugging
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    Spousal Support is intended to maintain the lower earning spouse in the condition he or she enjoyed during the marriage, and is divided into two types.

    Interim spousal support is payable during the waiting period for the divorce, and often six months afterward.

    Final support is payable after interim has expired, but is usually less, and is not intentioned to maintain the previous living condition of two people working togehter, but is intended as a basic living expenses subsidy based on the duration of the marriage, the age of the parties, and the relative conditions of each spouse including earning potential.

    There is a lot of variabliity in how this can be determined, and is very fact dependent.


    http://legis.la.gov/legis/Law.aspx?d=108546

Protective Orders

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    In cases of family violence, or dating violence, or stalking, or other forms of abuse or harassment, the Courts will protect private persons from other persons who have put upon them in unjust ways.

    You might be a plaintiff in need of protection, if your spouse, dating partner, or anyone else related in certain ways is abusing you or a family member.

    You might be a defendant in need of a defense if you feel you have been wrongfully accused of abuse.

    The situation is a complex and personal one, and deserves special attention.

    There is no consultation fee for this service, and if you prevail, the Court will not task you for costs.


    http://legis.la.gov/legis/Law.aspx?d=100557

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