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FAQs During the Divorce Process Insights from a Louisiana Lawyer
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Frequently Asked Questions During the Divorce Process: Insights from a Louisiana Lawyer
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Going through a divorce can be an emotionally challenging and legally complex process. As a Louisiana lawyer concentrating in family law, I frequently encounter clients who have various concerns and questions about divorce. In this blog post, I will address five frequently asked questions during the divorce process. Understanding these answers can help provide clarity and guidance for those navigating the complexities of divorce in Louisiana.

1. How long does it take to get a divorce in Louisiana?

The duration of a divorce in Louisiana can vary depending on whether either party is legally at fault for the divorce and whether there are minor children involved.  If there are no children involved, parties must live apart for six months compared to a year if there are minor children of the marriage

2. What are the residency requirements for filing for divorce in Louisiana?

To file for divorce in Louisiana, at least one spouse must be domiciled in the state. Additionally, the filing must occur in the parish (county) where either spouse is domiciled.

3. How is property divided during a divorce in Louisiana?

Louisiana follows a community property system, which means that assets and debts acquired during the marriage are generally considered community property and are subject to equal division between spouses.  There are several exceptions to this rule as some property may be considered the separate property of a spouse depending on how it was acquired.  For instance, an inheritance is normally the separate property of the inheriting spouse.

4. What factors are considered in determining child custody in Louisiana?

When determining child custody, Louisiana courts prioritize the best interests of the child. Factors such as the child’s relationship with each parent, the parents’ ability to provide a stable environment, the child’s preference (if of sufficient age and maturity), and any history of abuse or neglect are taken into account. Court’s typically award parents joint custody; however, a court may award a parent sole custody if warranted by the circumstances.

5. Can child support and spousal support be modified?

Child support and spousal support (alimony) orders can be modified if there is a material change in circumstances, such as a significant change in income, job loss, or a child’s changing needs. However, modifications must be approved by the court and are subject to specific legal requirements. Consulting with an attorney can help navigate the process of modifying support orders.

Conclusion:

Divorce can be a complex and overwhelming process, but having a clear understanding of frequently asked questions can provide valuable insights. Remember that every divorce case is unique, and seeking the guidance of an experienced Louisiana lawyer is crucial to protecting your rights and interests. By working closely with legal professionals, you can navigate the divorce process with confidence and achieve the best possible outcome.

Oriol Law Firm, St. Tammany Parish Lawyer in Terra Bella
Child CustodyDivorceDomestic ViolenceFamily Law
Your Guide to a Successful Divorce: Avoid These 5 Common Mistakes
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Your Guide to a Successful Divorce: Avoid These 5 Common Mistakes

Divorce is a monumental process that often has lifelong consequences which means that making informed decisions is paramount. The divorce journey can be emotionally taxing and legally complex, and financially challenging, so approaching it with careful consideration and expert guidance is imperative. Here, we delve into five all-too-common mistakes that individuals often make during divorce proceedings, along with tips on how to avoid them.

Remember, every divorce case is unique, and seeking guidance from a qualified attorney is crucial to avoid these mistakes and achieve the best possible outcome. To ensure you’re on the right track, consider scheduling a consultation by calling our office at 985-845-2227.

  1. Insufficient Planning

As the old saying goes, “Failing to plan is planning to fail.” One of the biggest blunders in divorce proceedings is embarking on the journey without proper planning which can lead to unfavorable outcomes and prolonged disputes. To steer clear of this pitfall, take the time to understand your rights, gather all pertinent financial documents, and consult with an experienced attorney before initiating the divorce process. A well-laid plan sets the tone for a smoother divorce journey.

  1. Lack of Communication

Communication breakdowns between spouses escalate conflicts and hinder progress in divorce negotiations. Open lines of communication are especially critical when discussing matters like child custody, property division, and financial arrangements. Prioritize effective communication to ensure a fair and mutually acceptable settlement which can save thousands in costs and years of stress.

  1. Neglecting Emotional Well-being

Divorce affects emotional well-being, potentially impacting decision-making, and overall mental health. It’s crucial to seek emotional support from friends, family, or professional counselors to navigate this challenging period. By prioritizing self-care, you can approach negotiations with a clearer mind and make decisions that align with your long-term best interests.

  1. Hiding Facts from your Attorney

Attempting to conceal facts or withholding information from your attorney during divorce proceedings is a grave error. Full transparency with your attorney is necessary to get the best possible representation and outcome.  Your attorney cannot properly advise and represent you without all the facts.

  1. Rushing the Process

Rushing through the divorce process or agreeing to a quick settlement might seem like a quick escape during the emotional upheaval. However, making impulsive decisions can lead to long-term repercussions. Take the time to thoroughly evaluate each aspect of the divorce with your attorney and consult with other financial professionals when necessary to ensure that the final settlement is fair, reasonable, and aligned with your long-term goals.

In conclusion, divorce is a significant life transition that requires careful consideration and thoughtful decision-making. Avoiding these common mistakes—insufficient planning, lack of communication, neglecting emotional well-being, hiding facts from your attorney, and rushing the process—can pave the way for a more favorable outcome. 

Remember, seeking guidance from a qualified attorney is pivotal in ensuring your divorce journey is as smooth and successful as possible. To begin your journey toward a well-informed and favorable divorce, schedule a consultation by calling our office at 985-845-2227. Your future deserves the best possible outcome from these difficult circumstances.

Everything you need to know about child support
Child Custody
Everything you Need to Know about Child Support
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Everything You Need to Know about Child Support

It can be overwhelming to not fully understand the process of obtaining child support, especially with unique life circumstances. Having knowledge in this area can help you make the best decisions for you and your child. Here are the topics we will be covering that will hopefully shed some light on this topic and give you everything you need to know about child support:

  • What is Child Support
  • How is Income Calculated for Child Support Purposes?
  • Who can get Child Support?
  • How Do I get Child Support?
  • How Much Child Support can I Get?
  • How Do I get the Amount of Child Support Changed?
  • If the Other Parent of the Child is Hiding and Avoiding the Sheriff, Can you still get Child Support?
  • What if the Father of the Child Claims not to be the Biological Father?
  • Do I have to go to court to get a Custody Order before I get the Child Support Order?
  • What do I do if the other Parent has not paid Court Ordered Child Support?
  • How do I get Child Support if the Other Parent is not Working?

Let’s dive into each question below.

What is Child Support

Child support is an obligation for one or both parents to provide financial support for their children in order to ensure that the children’s needs are met. Child support is usually paid by the non-custodial parent to the custodial parent (the parent with whom the child primarily lives). The amount of child support to be paid is usually determined by state law, often based on the gross income of both parents. Child support payments may be used to cover a variety of expenses, such as food, housing, clothing, medical care, educational costs, extracurricular activities, and other needs. It is important to note that child support is distinct from child custody and visitation arrangements.
Child support in Louisiana is determined using the Louisiana Child Support Guidelines. The amount of support a parent is required to pay is based on the gross income of both parents and the number of children in the family. The guidelines are designed to ensure that the child receives support in an amount that is commensurate with the parents’ incomes. Parents may also be required to provide medical insurance for the child, pay a portion of any uninsured medical expenses and other educational and extra-curricular expenses.

How is Income Calculated for Child Support Purposes?

Child support is calculated using the gross income of the parents. Gross income is income from any source, including but not limited to salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, recurring monetary gifts, annuities, capital gains, social security benefits, workers’ compensation benefits, basic and variable allowances for housing and subsistence from military pay and benefits, unemployment insurance benefits, disaster unemployment assistance received from the United States Department of Labor, disability insurance benefits, and spousal support received from a preexisting spousal support obligation; Expense reimbursement or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business, if the reimbursements or payments are significant and reduce the parent’s personal living expenses.
An overwhelming majority of cases involves two parents who received their income in the form of W-2 wages, and gross income is the income before taxes and other deductions. In those cases, determining gross income is not usually rather simple. However, determining gross income for self-employed parents is significantly more complicated.

 

Who can get Child Support?

In Louisiana, either parent can get child support payments from the other parent. The parent may be married, unmarried, or divorced. The parent that is not the primary caretaker of the child is usually the one that will be required to make the payments. Child support can also be requested by a parent or guardian who has primary physical custody of the child. The parent or guardian must be able to prove that the other parent or guardian is financially responsible for the child’s well-being.
The amount of payments is determined by the court and is based on a number of factors, such as the income of both parents and the needs of the child.
Nonparents such as grandparents may get child support from the biological parents if they have legal custody of a child; however, to receive child support, grandparents may need to file a petition in court and provide evidence of their legal custody or guardianship. Additionally, the grandparents may need to show that the parent is not providing financial support for the child.

How Do I get Child Support?

You can get child support by filing a petition with the court. The court will consider several factors, such as the amount of time the child spends with each parent, the child’s financial needs, and the parents’ incomes. Once a child support order is in place, the paying parent must make the payments to the other parent.

How Much Child Support can I Get?

It depends on
• the number of children you have with the other parent,
• your income,
• the other parent’s income, and
• the kind of custody you have of the child (shared or not).
Child support in Louisiana is based on the need of the child or children and the ability of the other parent to pay child support.

How Do I get the Amount of Child Support Changed?

You may get the amount of child support changed if there is a material change of circumstances (this is when the custody arrangement is changed, yours or the other parent’s income has changed, or there have been other big changes in your family life). For example: instead of having shared custody, the other parent sees the child much less than 50% of the time in a year and the child lives with you more now. You may get the child support order changed to get more money.

If the Other Parent of the Child is Hiding and Avoiding the Sheriff, Can you still get Child Support?

Yes, you can. It may just take a longer time for you to get child support based on the circumstances involved. Often, a privately hired process server can locate and serve the other parent the court papers seeking child support. But as a last resort, the court may appoint a curator ad hoc (someone to represent the absent parent). The curator ad hoc will be served with the court papers and will represent the absent parent at the child support hearing. The curator ad hoc will try to let absent parent know that there is a child support hearing coming up. Once that is done by the curator, your attorney will be able to ask the court to order child support.

What if the Father of the Child Claims not to be the Biological Father?

You need to prove he is the father by asking the court to order or require him to take a DNA test. If he is found not to be the father of your child, then he does not have to pay for the testing or the child support.

Do I have to go to court to get a Custody Order before I get the Child Support Order?

Not necessarily. However, establishing custody and support can be done at the same time, and it often saves time and money to establish custody while seeking child support.

What do I do if the other Parent has not paid Court Ordered Child Support?

If the other parent will not pay court ordered child support, you can file a Rule for Contempt. The other parent will be called back into court for a contempt hearing. If the other parent is held in contempt for not paying child support, the court can order that parent make a lump sum payment, add an additional amount to be paid each month, and pay your court costs and attorney’s fees.

How do I get Child Support if the Other Parent is not Working?

The court will order the other parent to pay child support based on the minimum wage or based on their past earning capacity or potential earning capacity (that is, what he or she used to earn, or is capable of earning).

Schedule your Consultation

Sometimes life can bring unexpected and stressful challenges. The Oriol Law Firm will give you clear direction and guidance backed by years of experience.

Schedule your consultation with our award-winning attorneys or call us at 985-845-2227

Child CustodyDivorce
What is Child Support?
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Child support is an obligation for one or both parents to provide financial support for their children in order to ensure that the children’s needs are met. Child support is usually paid by the non-custodial parent to the custodial parent (the parent with whom the child primarily lives). The amount of child support to be paid is usually determined by state law, often based on the gross income of both parents. Child support payments may be used to cover a variety of expenses, such as food, housing, clothing, medical care, educational costs, extracurricular activities, and other needs. It is important to note that child support is distinct from child custody and visitation arrangements.
Child support in Louisiana is determined using the Louisiana Child Support Guidelines. The amount of support a parent is required to pay is based on the gross income of both parents and the number of children in the family. The guidelines are designed to ensure that the child receives support in an amount that is commensurate with the parents’ incomes. Parents may also be required to provide medical insurance for the child, pay a portion of any uninsured medical expenses and other educational and extra-curricular expenses.

Child CustodyDivorce
How is Income Calculated for Child Support Purposes?
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Child support is calculated using the gross income of the parents. Gross income is income from any source, including but not limited to salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, recurring monetary gifts, annuities, capital gains, social security benefits, workers’ compensation benefits, basic and variable allowances for housing and subsistence from military pay and benefits, unemployment insurance benefits, disaster unemployment assistance received from the United States Department of Labor, disability insurance benefits, and spousal support received from a preexisting spousal support obligation; Expense reimbursement or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business, if the reimbursements or payments are significant and reduce the parent’s personal living expenses.
An overwhelming majority of cases involves two parents who received their income in the form of W-2 wages, and gross income is the income before taxes and other deductions. In those cases, determining gross income is not usually rather simple. However, determining gross income for self-employed parents is significantly more complicated.

Child CustodyDivorce
Who Can Get Child Support?
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In Louisiana, either parent can get child support payments from the other parent. The parent may be married, unmarried, or divorced. The parent that is not the primary caretaker of the child is usually the one that will be required to make the payments. Child support can also be requested by a parent or guardian who has primary physical custody of the child. The parent or guardian must be able to prove that the other parent or guardian is financially responsible for the child’s well-being.
The amount of payments is determined by the court and is based on a number of factors, such as the income of both parents and the needs of the child.
Nonparents such as grandparents may get child support from the biological parents if they have legal custody of a child; however, to receive child support, grandparents may need to file a petition in court and provide evidence of their legal custody or guardianship. Additionally, the grandparents may need to show that the parent is not providing financial support for the child.

Child CustodyDivorce
How do I get Child Support and How Much Can I get?
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You can get child support by filing a petition with the court. The court will consider several factors, such as the amount of time the child spends with each parent, the child’s financial needs, and the parents’ incomes. Once a child support order is in place, the paying parent must make the payments to the other parent.

The amount of child support you can get depends on a few factors:
• the number of children you have with the other parent,
• your income,
• the other parent’s income, and
• the kind of custody you have of the child (shared or not).
Child support in Louisiana is based on the need of the child or children and the ability of the other parent to pay child support.

Domestic ViolenceFamily Law
Surviving Domestic Violence: Should you file for a Protective Order?
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Are you in an abusive relationship? Does your spouse abuse or threaten you and/or your children? Are you constantly planning to get away, but feel crippled by the fear that your significant other might come after you?

A protective order is a tool that you may want to use to keep yourself and your family safe. However, it can be tricky to evaluate whether you’d qualify for one, or what the process to obtain a protective order is. Sometimes, law enforcement agencies or child protective services will suggest that you apply for a protective order in lieu of any actual agency action. But this is not always the answer. Here are some tidbits you might find helpful:

  1. What is a Protective Order?

    Most people use terms like “TRO, PO, and Civil Restraining Order” interchangeably, yet they are all a little bit different. Protective orders can be filed under several statutes. The most common protective order is filed under La. R.S. 46: 2131, also known as the Domestic Abuse Assistance Act. This law provides assistance for survivors of domestic violence, and describes domestic abuse as “including, but not limited to, physical or sexual abuse.”

    Typically, while it can and does vary depending on the jurisdiction you’re in, the Court is generally looking for instances of serious physical abuse. This usually falls under categories such as slapping, punching, choking, kicking, etc., or threats to cause seriously body harm or death to someone.

  2. Who can apply for a protective order under La. R.S. 46:2131?

    Under the statute, only family and household members with a sufficient relationship can apply. Family members, as defined in La. R.S. 46: 2132, include “spouses, former spouses, parents and children, stepparents and stepchildren, foster parents and foster children.”

    Household members means any person living in the same residence with the defendant and who is involved or has been involved in a sexual or intimate relationship with the defendant.

  3. Where can I file for a protective order?

    If you decide to file for an Order of Protection, you will typically go to the clerk of court. This can be:

    • In the parish where the marital household is located

    • In the parish where the defendant lives

    • In the parish where the abuse happened

    • In the parish where the person seeking the protective order lives

    • In the parish where an action for divorce could be brought, pursuant to La. Code of Civil Procedure Article 3941(a).

  4. What happens next?

    Once you go to the clerk of court, they should issue you a blank form titled “Petition for Protection from Abuse.” It will have a series of blank lines for you to fill in your information. You can choose to keep your address confidential. There will be a page where you will be able to fill in “Most Recent Incident,“ and “Past Incidents of Abuse.” It is very important that you be as specific as possible about the instances of abuse. When you get to court, your testimony will be limited to what you put on this piece of paper. Take your time and ask for extra paper if you need it!
    Your petition will then be handed to a duty judge, and they will either grant or deny a temporary restraining order. Whether they grant or deny the temporary order, this will still be set for a hearing at the courthouse, usually within 30 days. Even if your temporary order is granted, that does not mean that you will prevail at the hearing.

    Whether your temporary order is granted or denied, the Courthouse will call and let you know, and will also send you notice of your hearing date. At this hearing, the Commissioner/Hearing Officer or Judge will determine whether or not to grant a protective order for anywhere from 3-18 months.

    This hearing is important. Call a lawyer, at the very least for a consultation. There are serious consequences that can result from having a protective order issued against you.

DivorceFamily Law
DIY: Filing for Divorce on your own
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So you’ve decided that you’re ready to file for divorce. What comes next? Well, in Louisiana, there are required periods of separation in order to be eligible for a divorce. If you have minor children, you must be living separate and apart for 365 days. If you don’t have minor children, that separation period is lessened to 180 days.

It is always a good idea to at least consult with an attorney about your options prior to filing for divorce. However, sometimes your situation may be simple enough that you can file for divorce on your own, without the help of an attorney. If you don’t have minor children together (or are completely on the same page about custody and support), and don’t have extensive community assets, it may be possible to get divorced without incurring the costs for an attorney. In this blog, we’ll talk about the two different divorce filings, and how to file for an Article 103.1 divorce on your own.

In Louisiana, there are two options for filing for divorce. There’s a divorce under Article 102, which means that you have not yet started the required separation period, but intend to as of the date of filing. A divorce under Article 103 is essentially the opposite: you file under Article 103.1 when you and your former spouse have already completed the necessary separation period and are ready to move forward with filing and confirming the divorce. There are many other differences between these two types of divorces and you should consult with an attorney prior to determining how you will file.

Assuming you and your spouse have been separate and apart for the requisite amount of time, and you’re ready to file for divorce under Article 103.1, the following bullet points should guide you on how to get your uncontested divorce filed and confirmed in a few short weeks.

In St. Tammany Parish, standardized forms are available for you on https://22ndjdc.org/forms/ ; here, you will click on “Divorce Forms,”and click on the Petition for 103 Divorce along with the Checklist. Make sure to print these out on legal sized paper (Office Depot or your local library may be able to do this for you).

You will fill out the forms, and at the end, there’s an option to either have your spouse formally served by a sheriff’s deputy, or to have your spouse “waive service.” Make sure that you indicate a detailed and correct address. If your spouse is going to waive service, that means they are willing to sign the waiver of service form that’s contained in the Petition for 103 Divorce, in front of a notary. This will save you some money, so it’s the best option if it’s feasible.

Once your former spouse has been served or the waiver of service has been filed into the court record, your spouse has 15 calendar days to file an answer. Assuming the divorce is uncontested and they don’t file an answer, the next step is to fill out file the page titled “Preliminary Default” into the court record. This form is simple and indicates to the court that your former spouse was served or waived service, and that the deadline to file an answer has passed.

Once you file this Preliminary Default, you must wait until it is signed by the Judge. Call the Clerk of Court routinely and ask for an update on the status of your preliminary default (have your docket number and division handy; they can be found at the top of your divorce paperwork).

Once your preliminary default has been entered, there will be an affidavit that was contained inside the Petition for Divorce that must be filled out and signed in front of a notary. Once you complete the affidavit, attach two copies of the judgment (the packet only comes with one) and your checklist (this should be complicated with the dates the Petition was filed, the date service was waived or made upon the defendant, and the date of preliminary default), and file all three forms in the court record. Within a few weeks, the judgment will be presented to the Judge for signature. If everything is in order and has been properly filed, the Judge will sign off on your divorce and mail both parties a certified copy of your divorce decree.

Congratulations! Once you receive your divorce decree, it is official!

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Family Law
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Divorce is a difficult time in anyone’s life. At Oriol Law Firm in Covington, Louisiana, we are here to provide help when you need us most. Please contact Oriol Law Firm for assistance with your family law issue. We serve clients in St. Tammany Parish and the surrounding areas in need of the following legal services:

  • Divorce: We offer trusted legal advice and representation throughout the divorce process, helping our clients resolve family law issues such as asset and debt division, spousal support, child custody and child support.
  • Division of Property: Louisiana is a community property state, which means that property accumulated during your marriage will usually be divided 50-50. However, determining what is community property and what isn’t can be complicated.
  • Spousal Support: Spousal support may be an issue in your divorce, depending on how long you were married and whether there are income disparities between you and your spouse.
  • Child Custody, Visitation and Support: In Louisiana, courts presume that joint custody will be in the best interests of the child unless there are compelling reasons for one parent to have sole custody, and arriving at a reasonable custody schedule that considers the best interest of the child can be difficult.
  • Modifications to Child Support and Custody: Child support and child custody can be changed after your divorce if there is a change in your circumstances. However, you will need court approval for many modifications or you could face fines and even jail time for acting without court approval.
  • Inter-Family and Foreign Adoptions: Certain closely related family members may adopt children in a stream-lined adoption process known as the Intra-Family Adoption. While this process requires knowledge of the procedural requirements, it is usually less costly and more efficient than a traditional adoption.Children adopted from foreign countries may have their adoption recodnized by the State of Lousiana. This process involves providing the required documentation to a Court in the parish you reside.
  • Interdictions: Unfortunately, there are those who cannot make important decisions for themselves. These individuals often include special needs, the elderly, and those with significant medical conditions, and it is important that a family member or loved one be appointed by a Court to make decisions on their behalf.
  • Mediations: Sometimes you need a skilled litigator to fight for you, and other times you need a skilled mediator to help resolve a stressful and emotional matter. David Oriol is experienced and highly trained in litigation and mediation.
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