Family Law2019-02-04T14:37:00+00:00

Family Law

Family Law

Nothing causes the insanity of otherwise reasonable people like a divorce or custody battle. This doesn’t have to be you. Family law creates changes in family dynamics – these changes can make you feel unsure about how to deal with your day-to-day life.

We are here to help make each transition as manageable as possible. Our family law attorneys handle the drama, you handle the needs of your family.

Divorce

When happily ever after ends and “I do” becomes “I don’t” – it is time to hire a family law attorney. As family dynamics change, you still need to find time to take care of yourself and protect your family. As your divorce attorney and advocate, we will deal with the drama that inevitably comes with divorce while keeping an eye on your goals.

Custody

Of course, you know what’s best for your child, but chances are, you still have to co-parent. Custody can easily become the most emotional part of family litigation. Whether you are able to reach an agreement, or it becomes necessary for the court to create a plan, it’s our job to be your voice. Our family law attorneys are sensitive to your expectations, but always strive to help you meet your child’s needs. A disagreement between you, as parents, should never become bigger than your child’s wellbeing.

Child Support

Let’s be real, no one likes to pay child support, it’s a touchy subject. But it’s the responsibility of both parents to provide for their children. In Louisiana, the Legislature has provided strict guidelines for calculating child support. These guidelines consider the amount of time your children spend with each parent, and both parents’ income and certain expenses. We can help you understand what to expect when it comes to determining the child support amount. We can also help you modify a current child support order.

Community Property

If you are married and considering divorce, then you probably have community property that needs to be divided. Community property often includes, family homes, furniture, retirement and bank accounts, family businesses, vehicles, and anything else acquired during the marriage. It can be a very emotional and contentious process; couples can get carried away. You want a fair settlement, but you don’t want to be the person spending thousands fighting over the silverware and sofa you bought in 1999. We will be your voice of reason, while making sure you get what is fair and reasonable under the law.

Divorce

When happily ever after ends and “I do” becomes “I don’t” – it is time to hire a family law attorney. As family dynamics change, you still need to find time to take care of yourself and protect your family. As your divorce attorney and advocate, we will deal with the drama that inevitably comes with divorce while keeping an eye on your goals.

Custody

Of course, you know what’s best for your child, but chances are, you still have to co-parent. Custody can easily become the most emotional part of family litigation. Whether you are able to reach an agreement, or it becomes necessary for the court to create a plan, it’s our job to be your voice. Our family law attorneys are sensitive to your expectations, but always strive to help you meet your child’s needs. A disagreement between you, as parents, should never become bigger than your child’s wellbeing.

Child Support

Let’s be real, no one likes to pay child support, it’s a touchy subject. But it’s the responsibility of both parents to provide for their children. In Louisiana, the Legislature has provided strict guidelines for calculating child support. These guidelines consider the amount of time your children spend with each parent, and both parents’ income and certain expenses. We can help you understand what to expect when it comes to determining the child support amount. We can also help you modify a current child support order.

Community Property

If you are married and considering divorce, then you probably have community property that needs to be divided. Community property often includes, family homes, furniture, retirement and bank accounts, family businesses, vehicles, and anything else acquired during the marriage. It can be a very emotional and contentious process; couples can get carried away. You want a fair settlement, but you don’t want to be the person spending thousands fighting over the silverware and sofa you bought in 1999. We will be your voice of reason, while making sure you get what is fair and reasonable under the law.

Family Law Resources

Family Law Resources

Get the information you need about family law. See our most frequently asked questions and additional resources below.

FREQUENTLY ASKED QUESTIONS

What is an uncontested divorce?2018-10-30T15:16:00+00:00

A divorce is uncontested when the opposing party does not file a response with objections to the divorce filing. They typically take less time and cost clients less money overall.

What if my spouse files for divorce, but I don’t want to end the marriage?2018-10-30T15:15:06+00:00

Divorce, unlike marriage, does not require the parties to agree. If one spouse wishes to end the marriage, and can show that the requirements have been met, then provided that the pleadings are properly filed and the right facts are asserts, the court is able to grant the divorce as requested.

What are the allowable grounds for divorce in Louisiana?2018-10-30T15:13:57+00:00

Louisiana grants judgments of divorce based on having lived separately for the required amount of time, depending on whether the parties have children together. There are no other grounds requirements for obtaining a divorce. Other grounds for ending the relationship are usually more useful in terms of custody proceedings that follow.

How is child support determined?2018-10-30T15:13:25+00:00

It is the duty of the parents, both mother and father, to support their child. The state legislature has provided a scale for monthly child support payments based on the details of the family. We look at the income of both parties, how many children are in the family, and whether any of the children have special needs or extraordinary expenses to be considered.

Can I get help paying for big expenses like health insurance and sports activities for my child?2018-10-30T15:12:50+00:00

People often forget that child support may also include the costs of health insurance coverage for their child, uncovered medical expenses and even extracurricular activities. If child support is an issue that has arisen in your family, speak with an attorney about how to move forward so you can be sure you aren’t leaving anything out.

Can I ask the court to change the child support amount granted?2018-10-30T15:11:53+00:00

Yes, either party can motion the court for a modification of child support, but it must typically be based on a change in the circumstances surrounding the support order. These changes may include a significant difference in income, a change in the needs of the child, or a change in custody of the child.

How long will I have to wait to get a judgment of divorce?2018-10-30T15:11:06+00:00

The time period required for a divorce depends upon whether you and your spouse already live separately and whether you have children together as a result of your marriage. The law requires that parties to a divorce who do not have any children born of their marriage live separately for six months, and that parties who do have children together wait one year before a judgment of divorce will be granted. The divorce petition may be filed when you begin living separately or when you have already lived apart and the required time period has already passed.

What should I expect to pay to get a divorce?2018-10-30T15:09:53+00:00

Fees for divorce can vary based on the circumstances. Most often, divorces for parties who do not have children or property together take less time and are less expensive. Cases involving custody, child support, and community property all tend to have higher costs because there are more decisions to be made and details to work through. Call our office at 225.500.0880 for more information on the details of your case.

Do we have to be legally separated before we file for divorce?2018-10-30T15:09:22+00:00

Louisiana does not have legal separation. Parties are either legally married or legally divorced. Parties are required to live separate and apart for a designated period of time in order to be divorced, but the court does not have a legal finding of separation for that period.

If my spouse and I get back together, what happens to our divorce filing?2018-10-30T15:08:42+00:00

A suit for divorce is abandoned when the parties reconcile or get back together for the purpose of staying in their relationship. Should they decide to split permanently, a new suit for divorce may have to be filed.

How long does a divorce take if we don’t have any kids together or any community property?2018-10-30T15:07:44+00:00

The law requires that people who do not have children born of their marriage live apart for at least 6 months before they can obtain a judgment of divorce. You may file for divorce and then wait the required time, or you may live apart for the time period and then file your divorce proceeding.

Do I have to pay child support if I make less money than my child’s other parent makes?2018-10-30T15:07:03+00:00

Maybe. Child support is not only determined by the income of the parties, but can also be based on who the primary custodian of the child is at the time.

Do I have to pay for my spouse’s debt?2018-10-30T15:01:45+00:00

That depends on whether the debt was incurred during the marriage. Just like property or things that you acquire during your marriage are presumed to be community property, debt works the same way and the court will presume that it belongs to you both.

How can I get alimony from my spouse?2018-10-30T14:59:58+00:00

An award of alimony, or spousal support in Louisiana, is based on whether you have a need for support, whether your spouse has the ability to pay support regularly, and whether you are at fault in the breakup of the marriage. If it can be proven that you were at fault, then you may be prevented from getting an award of spousal support.

How long does it take to get a divorce if my spouse and I have kids together?2018-10-30T14:59:18+00:00

The law requires that people who have children born during their marriage live apart for at least 1 year before they can obtain a judgment of divorce. You may file for divorce and then wait the required time, or you may live apart for the time period and then file your divorce proceeding.

How are things like retirement accounts and 401k divided in a divorce?2018-10-30T14:58:41+00:00

Generally, the law dictates that community property is divided equally between the parties in a divorce. When it comes to retirement accounts, parties divide the funds based on what was contributed during the marriage. There are different methods for dividing this kind of property, some involving a Qualified Domestic Relations Order, others requiring a roll over of assets from one account to another. Pensions are products that work differently and funds are not disbursed until after retirement begins.

ADDITIONAL RESOURCES

Get in Touch with On Point Legal

Please send us a detailed message. We’ll be in touch shortly.