Family Law FAQs2018-09-26T14:46:04+00:00

FAMILY LAW RESOURCES

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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.

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