Divorce Attorneys and Lawyers in Baton Rouge, Louisiana
Divorce can be a challenging time for you and your family. While divorce is often an emotional decision, it is important to understand that it is also a legal and financial one. Divorce is a method of terminating a marriage between two individuals. From a legal standpoint, divorce restores an individual’s right to marry someone else. The process also legally divides marital assets and debts, and determines the care and custody of the children. Each state addresses these issues differently. In some states you need to prove fault to obtain a divorce. However, Louisiana, as in the majority of states, allows a form of no-fault divorce in which the spouses are not required to prove that the other caused the breakdown of the marriage. As such, your spouse may obtain a divorce, even you do not consent to the divorce. In a divorce, if you have children, you and your spouse will need to decide who will have physical custody of the children. If you and your spouse cannot decide, a judge will decide about physical custody based on the best interests of the child. Louisiana also has fault-based divorce, but most divorces are based on living separate and apart for the required period of time. Louisiana also has special “covenant marriage” which make divorce more difficult.
In most divorces, the primary issues to be decided are spousal support, property division, and, if there are children, child custody and child support. In many cases, divorcing spouses have disputes regarding their post-marriage financial arrangements, and the care and custody of their children. Property division and spousal support are often hotly contested issues in divorce proceedings, but the early advice of an experienced family law attorney may be able to impact the ultimate result favorably. Miller, Hampton & Hilgendorf is a divorce law firm in Baton Rouge, Louisiana, that can help you through the divorce process.
What You Need to Know About Divorce in Baton Rouge
If your spouse has filed for divorce, there are certain things you should keep in mind. For one, you’ll need to decide whether the divorce is fault-based, or a no-fault divorce. Fault-based divorces apply when the marriage ends due to adultery or abuse. Felony conviction is another ground for fault-based divorce. With fault-based divorce, the burden of proof is higher and the process can be more complex than no-fault divorce.
A no-fault divorce will involve a waiting period. The divorce process can involve quite a bit of paperwork. If you have children, you’ll also need to come up with a parenting plan the courts will accept. Furthermore, if you and your spouse cannot decide on custody, you may need to present your case to the courts. If you supported your spouse, either through raising the children or through supporting your partner through school, you may also be entitled to spousal support. Finally, if you have children, you may be wondering what you might be entitled to receive in child support. These are complex questions. Reach out to Miller, Hampton & Hilgendorf, Baton Rouge, Louisiana, divorce lawyers today to learn more about your rights. Our firm can help you obtain a result that will be in your best interests.