FAMILY LAW
DIVORCE
Despite all the jokes and our society's ideas that single life is the only way, divorce is one of the ten most stressful things that can happen to a person. Unfortunately, the legal process doesn't offer any relief from that stress, but with competent and concerned legal advice, you can understand the legal side and know what your rights are.
Louisiana does have a "no fault" divorce scheme, which allows the parties to a divorce to end the legal marriage merely by "living separate and apart" for a period of time. There is no longer a "legal separation" under Louisiana Law. There are exceptions to the "no fault" status, including adultery by a spouse.
Generally, you can proceed to get a divorce either by 1) waiting until six months have passed after you start to live separate and apart and filing for the divorce; or 2) filing when you separate and getting the Judgment six months later.
CUSTODY OF CHILDREN
Joint Custody is presumed to be in the best interests of children, however that does not mean equal time with each parent. Usually one parent is the "domiciliary" parent, where the child lives, and the other has routine contact in the form of visitation. Join Custody means both parents have input and knowledge of the child's health and education.
SUPPORT is paid according to a formula in Title 9 of the Revised Statutes, under which the income of the parents is added, and a proportional amount is due according to the amount of the paying spouse's earnings compared to the total. For example, if the table shows support of $500 per month, and the dad makes 50% of the income, he would pay $250 per month. Things like Child Care, Insurance and special costs are added in. In the 15th Judicial District these matters are submitted to a "Hearing Officer" and calculated without a court appearance.
Child support is set by Court Order, and only when the Court amends the Judgment can it be changed. Failure to pay causes the support to accumulate and a formal Judgment against the person who should have paid can be used to collect by garnishment or other means. A parent can also go to the District Attorney and seek child support through the State without having to pay legal fees or costs.
IF YOU HAVE A LEGAL PROBLEM IN THIS ARENA, CONTACT AN ATTORNEY.
WE WILL DISCUSS THE MERITS OF YOUR CASE AND CONSIDER REPRESENTATION. TO FIND OUT MORE CALL OUR OFFICE. Our rate is $195 an hour, with an initial retainer of $2,500 in a contested case involving children and property issues. That covers the minimum fee and no further billing until after the first 15 hours . Most basic child custody and support cases are covered by the legal fee of $2,500 and $250 costs. Costs, including Court Costs, Investigation, and other matters, are paid by the client.
UNCONTESTED DIVORCE, a case where there is not going to be a 'fight', no child support or custody issues, and a simple divorce decree, can be secured for Court Costs of approximately $200 and Legal Fees of $500.
Louisiana no longer uses the interim " legal separation, " and rarely do we go to court over who did what wrong. The major concern in Divorces today is the best interest of the children. There is little alimony unless one spouse has almost no earning power.
G. Paul Marx, A Professional Law Corporation 850 Kaliste Saloom, Suite 107, Lafayette, La. 70508
337 237 2537