A Guide to Family Law

These steps are an overview of what’s involved.  Your particular case may, however, require adding to or deviating from them.

Divorce

In Louisiana you may get a “no fault” divorce. This means that you may get a divorce simply by waiting a certain length of time (usually six months or one year), and then request that a court grant you a divorce. The length of time is normally determined by whether you have children.  If you do not have minor children of the marriage together, you must typically live separate from your spouse for at least six months, and if you have minor children it is one year.  During these times it is usually possible for you and your children to get exclusive occupancy of your home, evicting your spouse.

There are also two “fault” divorces that will allow you to get immediate divorces.  You must be able to prove, however, adultery or felony conviction and sentencing to hard labor.

Child Custody & Support

The law usually provides for you to be with your children a lot.  An attorney can help to make sure that your rights are maximized and that on holidays and special events that your child is with you.

Oftentimes the most contentious issue is which parent will receive child support and make the important decisions in your child’s life and upbringing. Child Support is set using your incomes and the amount of time with which you have custody, with any deviation from this approach must be in the child’s best interests.

Spousal Support (alimony)

Other states say alimony, Louisiana calls it spousal support and has two different types.  Interim spousal support can get you the money you normally require during divorce.  In other words, if your spouse has sufficient means, you can financially enjoy yourself as you normally would during divorce.  Final spousal support can get you money to live for the rest of your life.

Community Property

By law, you are entitled to your share of the community property, which is normally half of everything accumulated during the marriage.  The attorney’s role is to determine the best way to divide your assets and debts, and, if necessary, seek reimbursement from your former spouse.

Take Care of Yourself

Consult with an attorney before moving from your house, unless there is domestic violence, in which case call the police, get a report, document your injuries with pictures, etc.  Consider canceling joint credit cards and accounts and signing up with a company that will monitor your credit — inform your attorney immediately of damage done by your spouse.  Go to a yoga class or a gym, and get some of the stress out, resume positive developments, and make sure that you are not neglecting yourself.