Divorce in Louisiana
Divorce Lawyer in Baton Rouge
Divorce is an emotional time during anyone’s life and should be treated as such. Divorce involves not only the dissolution of the marriage, but also the separation of assets acquired during the marriage, child custody arrangements, ongoing child support obligations, and possibly ongoing spousal support obligations. If you are going through a divorce, it is important to consult with an experienced Baton Rouge Divorce Attorney as soon as possible to ensure you receive the representation you need to obtain the best possible outcome for you and your family.
Divorce in Louisiana
Divorce is the termination of a marriage by judicial decree. Just because you and your spouse have quit living together, and may not have lived together for years, you are still not considered legally divorced in Louisiana. In Louisiana, divorce can be “no-fault” or can be due to the actions of the other spouse. For a “no-fault” divorce all that is necessary is that the parties have been living separate and apart for the required period of time. How long the parties have to live separate and apart depends on whether there are minor children of the marriage and whether the parties entered into a covenant marriage. Examples of fault would be if the other spouse committed adultery, was physically abusive, or was convicted of a felony and sentenced to hard labor.
A proceeding for divorce is begun by one spouse filing a petition in court. The petition has to set forth certain facts about the marriage and grounds for divorce. After certain legal formalities have been met a judgment has to be submitted to the court in order to obtain a final decree of divorce. In order to file a divorce in Louisiana at least one of the parties must be domiciled in this state. While the petition can just be for divorce, it can also address family law issues like child custody and visitation, child support, and separation of community property. If these issues are not addressed in the initial divorce proceeding, they can still be addressed later.
The recent U.S. Supreme Court decision of Obergefell v. Hodges legalized same-sex marriage throughout the United States, including Louisiana. Same-sex couples must also go through the same divorce proceedings as any other married couple.
Declaration of Nullity
In limited circumstances, a marriage may be declared null rather than be dissolved. A divorce terminates a marriage, a declaration of nullity says the parties never were married. Examples of grounds for nullity include lack of mental capacity of one of the parties or that the marriage was entered into because of fraud or duress. Even though the marriage is considered never to have happened, the party who was in good faith in the marriage may have certain rights based on the marriage.
Baton Rouge Family Law Lawyers
At Rusty Messer & Associates, we aim to resolve even the most complex of divorces in a fair settlement whenever possible. When a settlement is not an option, we fight hard to protect our clients’ interests and vigorously advocate for our clients, and what matters to them the most, in court. We encourage you to discover how our exceptional legal advocates can be of assistance to you.
If you are considering getting a divorce, or have been served with a petition for divorce, you should consult with an experienced Louisiana family law attorney as soon as possible. While the termination of a marriage can be fairly straightforward in Louisiana, there are usually several more complicated issues that come along with it. These include issues such as child support, child custody, spousal support, separation of community assets, and liability for community debts just to name a few. If you would like to find out more about what rights you will have in a family law case, contact Rusty Messer & Associates today at (225) 963-9638 to schedule a consultation with a divorce lawyer that is ready to fight for you.
CONTACT A FAMILY LAW LAWYER TODAY
We handle most of our cases on a flat-fee basis, meaning you know exactly what your fees will be. Our initial consultation is $100.00 but if you hire us the consultation is free. Call us today at (225) 963-9638 to schedule a time to come in and discuss your family law case.
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