When Amanda Bynes started a small fire in a driveway in 2013, it was determined to be more than just her letting out a grudge. Instead, the action was linked to a bipolar condition, and Lynn Bynes, her mother, took

Louisiana is a community property state as opposed to an equitable (not equal) distribution state. That means that all real and personal property purchased during the marriage is community property, and in the event of a divorce, the spouses divide

Paternity is not automatic unless the father is married to the mother. When a couple has a child out of wedlock, the alleged father has a choice: He can file an Acknowledgement of Paternity right away, file it later, or

When a couple splits, they must decide on custody and visitation arrangements – if the couple is married. If the couple is not married, the father does not have any custody or visitation rights unless he signed an Acknowledgement of

"I'll see you in court!" is a common phrase when parties disagree. Hearing these words can instill fear in a person since the prospect of going through the legal process can be daunting and frightening. However, in recent years, parties

Remarried couples commonly have blended families. Many step parents fall in love with the children they are raising and want to adopt the kids as their own. Although Louisiana adoptions can have lengthy processes and restrictions, the process of adopting

Divorce affects thousands of couples, and the figures keep skyrocketing. After the divorce, the daunting process of property division sometimes hits hard for most divorcing couples to what each party should be entitled. It's even more challenging for spouses who

After a divorce, both parents may not have the same decision-making rights they had during the marriage. A parent’s future right to make decisions on behalf of their child is subject to a family law court’s determination that it is

When it comes to child custody cases, the Louisiana courts assume it is healthier and more beneficial for both parents to have shared custody of a child or for the non-custodial parents to exercise their rights to visitation or temporary

There are many questions and concerns that are brought up during a divorce. This includes, but is certainly not limited to: Who gets the house?  How do we divide assets?  If there are children, how is custody split? Does one

Holidays are a time for family and sharing in tradition. However, when divorce is involved, there can be additional, unwanted stress. The parents may have worked out a visitation schedule, but then the holidays come around, and both parents would

While having a romantic partner will not automatically terminate your alimony, living as a married couple will. After alimony is awarded in a divorce, there are several factors that can impact the amount or duration of spousal support.  How is Alimony

Paul had not shed a single tear as the process of his divorce churned on. Then, his ex-wife hit him where it really hurt; she took the 59-year-old’s dogs and told him he could no longer see them. It was

Trusts are created to protect and manage assets - which makes them a handy tool to use in estate planning. But not all trusts are created equally. Trusts that can be modified or terminated do not have the same legal

In 2008, Frances Cain of Baton Rouge received a call from the Louisiana Department of Family & Child Services (DCFS), asking her if she could take custody of her grandchildren. Both their parents were in prison, and no other family

Child support and custody laws in Louisiana and across the country adhere to one basic principle: all stakeholders and the law must be geared towards the child’s best interest. An incarcerated parent or guardian must be liable for child support

Planning for a wedding sometimes keeps couples so busy they forget to plan their future lives together. When so much more is at stake besides a single day of ceremony and fun, it can be tempting to think of a

Juggling residencies and marriages in different states is complex. There are a plethora of scenarios that may have led to the situation of two spouses living far away from each other. Whether to move back in with family or for

In Louisiana, married partners will typically own property that belongs to each person separately and property that belongs to the community of both of them. Married couples who own a business may have both separate and community interests in the

The short answer is, “yes,” non-payment of child support can affect and prevent child custody in Louisiana, but it is rare that the parent who has custody will also be paying child support. Not all cases are the same, and

It was apparent after the first five days that something was not right with Audrey Cade’s son. He had been born with a clubfoot deformity, and his mouth could not physically latch onto the bottle or the breast. As the years

Most people come into a marriage with at least some property from their single life. But for many couples, the majority of their property is acquired during the period of their marriage – what Louisiana calls the ‘community property regime.’ Louisiana

First comes love, then comes marriage, and then comes a postnuptial agreement?  Most of us are familiar with the idea of a prenup, but if something changes after the wedding, can you still protect what’s yours? As we’ve seen between Memphis

Louisiana is one of only three states to have two types of marriages for couples to enter into. In addition to what everyone typically thinks of as marriage, persons obtaining a marriage license in Louisiana can elect to commit themselves

When a marriage ends, there are many difficult problems to figure out. One of the most difficult is determining how much child support should be paid according to the children’s needs and the parent’s means. Once that amount is decided,

The short answer is yes. Lawfully, parents can give their children extra money outside of child support. This money is considered a gift by the court. But there are many other legal nuances to consider when deciphering how the extra

When parents need to tell their kids about their imminent divorce, it is never an easy task to share the news with children at any age. Their lives will be changed, after all, from sharing time spent between Mom and

Many newly married couples do not give much thought to property division in case of a divorce. A couple may earn money during a marriage, buy real estate, or invest for retirement. But sometimes they also acquire money through an

A parent with a record of criminal charges will have a more difficult time obtaining custody of their children. However, it is not impossible to win child custody with a criminal history in Louisiana.  A judge will consider all factors of

Around half of marriages in the United States will ultimately end in divorce. Moreover, around 2.7 out of 1,000 people will find themselves getting divorced each year. While that may not help you feel better about the end of your

A contested divorce is traumatic for everyone involved. There are so many emotional issues to navigate. The parties must make decisions about parenting issues, support, and property division. Physical abuse plays a part in many divorces, but emotional abuse is

In most divorce cases, all parties recognize that sharing marital assets and obligations is a crucial aspect of the case. Many individuals are unaware of how difficult this situation might become. Cryptocurrency, perhaps more than any other asset class, demonstrates

While no one expects their marriage to end, it is vital to understand how marriage affects your property rights and how those rights will be handled in the event of a divorce. Louisiana is considered a "community property" state, which

Child visitation exchanges can be fraught with conflict for some parents. You need to make sure that the child gets to the other parent on time and that they have a good time when they're there. You may even want

Asset division is, for many couples, the most challenging part of getting divorced. If you have a family business--particularly one you have built together, or which you have both worked in over the years--you may find yourselves struggling with how

A divorce brings major changes to the family dynamic. For children, the time following a divorce is one of uncertainty. Adjusting to the multiple changes can leave them feeling confused and anxious. How parents proceed with co-parenting is essential for creating a

Parenting time is a treasured commodity following a divorce. However, as you move on with your life, your desire to modify your parenting time — as established by the court — may increase. Whether you are simply concerned about your

Most people don't intend for marriage to end in divorce. However, with an estimated fifty percent of first marriages ending in divorce--and more of second and later marriages ending in divorce--it's important to consider those possibilities before you move forward

Getting divorced means dealing with a number of complexities, including dividing your finances. Is your spouse unemployed as you plan your divorce? It may change the division of assets in your marriage and even leave you responsible for paying alimony,

The child support and custody issues agreed upon — or court-ordered — during your divorce may require modification. As each parent moves on with their life, changes involving the child are inevitable. If you face new or unexpected changes to

Relocating with a child after a divorce is not a simple process. The details of your court-ordered child custody agreement play an important role in deciding if a move is even possible. Therefore, before you accept a new job or

A divorce is never easy, especially when it involves a long-term marriage. While divorce rates nationwide have somewhat flattened, divorces involving couples married 20 years or longer are doubling. Commonly referred to as gray divorces, these divorces are more complex

It is hard to go through a divorce. There are emotional repercussions, as well as financial consequences. The issue of alimony often arises in the process of a divorce. Alimony, sometimes called spousal support, refers to payments that one

Divorces are not only emotionally draining, but they can also be financially draining as well. This is especially true when your former spouse decides that they want you to pay their attorney fees.  Although in most divorce proceedings, each party in

If you face a divorce, finding the right lawyer to represent you is vital for protecting your best interests. No matter who seeks to terminate the marriage, a divorce is a highly emotional and potentially financially damaging life event. The

Your divorce may involve a number of complicated financial calculations that may ultimately have a substantial impact on your quality of life once you separate from your spouse. Most notably, one spouse may owe the other spousal support and/or child

You may want to change the amount you pay in child support for a variety of reasons. Your life circumstances changed. You experienced a job change, you had another child, or you have had more expenses than you initially anticipated.

Custody and visitation rights are known for being complicated-- and that's when you're a parent. The entire process becomes even more complex if you are a relative (like a grandparent) of a child. You deserve to see your grandchild; your

Getting divorced usually involves dividing property you and your spouse shared while married. However, not all property each of you owned, benefited-from, or used, is eligible for division.  In this blog post, we examine the two broad categories of property that

Over the course of a marriage, a couple can acquire money, property, and other assets in a variety of ways. They earn wages. They buy a home. They invest their savings. And, one or both of them may receive an

Married couples frequently have a power imbalance in their relationship when it comes to finances. It's common for one spouse to work while the other stays at home, or for both to work but for one to earn the bulk

Getting divorced raises all sorts of questions in your life. An experienced divorce attorney can help you answer them. First, however, you need to find the right lawyer to handle your divorce.  Choosing the attorney who inspires trust and confidence often

Divorce is rarely a painless process. However, when your divorce involves children, it is important to remove as much of the negative element of surprise that a divorce can have for them in order to protect their emotional health and

As you try to decide how to navigate your divorce, you may have a lot of questions about the best way to handle the process. Some people even decide to try to handle their divorce on their own, especially if

The word divorce is shocking and hurtful. When used in an argument, it is a word that can fly in anger. If your spouse threatens to divorce you, how you react and the next steps you take are important for

Divorce can be an incredibly difficult time for anyone. In fact, depending on the relationship and the length of time you were married, divorce can be a jarring experience leaving individuals to deal with significant financial burdens when the marriage

Private school tuition can represent a substantial expense in your life. When you decided to send your child or children to private school, you may have had a two-income family. You may have assumed that you and your spouse would

When it comes to raising a child, any parent knows, consistency is key. But how does this work with two household families? If you have recently been through a divorce, you know just finding a sense of normalcy can seem

When a couple gets a divorce, the question of who gets what is one that quickly comes into play. While separating the household items may seem small in the grand scheme of things, it's a common source of tension during

In many states, couples who live together for a certain amount of time enter into what is considered a "common law" marriage together. They may never have gone through a ceremony and had that marriage recognized by the state, but

There's no doubt about it: even though the beginning of school is just around the corner, school openings are still in flux and there aren't many clear answers to be found.  Parents don't even need to look as far as school

Going through a divorce is an emotional process for all parties involved. Even though you are parting ways with your spouse, you still have to deal with child custody issues if you have children together. Ultimately the court and you

Whether you've separated from your spouse or still considering separation and heading for divorce, financial issues are likely among your top concerns. Depending on your situation, you might receive spousal support to help you get back on your feet after

Dividing pensions, IRAs, 401ks, and retirement plans in a Louisiana divorce If you live in Louisiana, any retirement assets or pensions you accumulate while you're married are considered marital property. They are subject to division in a divorce. If you accumulated retirements

After a divorce, life can take you and your former spouse in dramatically different directions. You may find yourself needing to relocate: moving closer to family in order to have support to help care for children, seeking a new job,

Couples choose to divorce for a number of reasons--and choosing to divorce later in life is becoming increasingly common. Some couples realize, once the children are grown, that they don't have as much in common as they once thought. Others

Once they have made the decision to pursue divorce, many people want to move on with their lives as soon as possible. You may find yourself wanting to date someone new: to see where life takes you. In some cases,

Divorce is never easy, especially for those who aren't ready to give up on a marriage or remain in denial. One common strategy for spouses who struggling letting go is to try to avoid getting served divorce papers. They are

While no couple enters a marriage expected it to end, it is important to understand how marriage will affect your rights in certain property and how those rights will be handled in the case of a divorce. Louisiana is what

Going through a divorce is a stressful time in anyone's life. You may be envisioning a long process full of visits to the court and contentious battles with your former spouse. Depending on your specific scenario, it may not need

Are you in the middle of a divorce? Do you have children? Are you wondering whether you'll ever be able to move forward with your life? You aren't alone. Each year, parents wonder how they're going to help their children

What do you do if you have been served with papers to appear in court, but you are not available?  Many people come to my office and ask that very question.  If you fail to show up, the Judge can

The judge considers many factors in determining child custody. Most important is “the best interests of the child.” To determine best interests, the judge may look at the following factors: Home EnvironmentsThis refers to the respective environments offered by you and

Going through a divorce can be incredibly challenging. It has been linked to serious negative health effects associated with extreme stress. Divorce has also been linked statistically to significant financial downsides, particularly if you do not have a prenuptial agreement

No one expects their marriage to end in divorce, however, according to the Centers for Disease Control and Prevention (CDC), more than 22 percent of first marriages end in divorce within five years, and 53 percent end before the 20-year

The thought of going through a divorce can be stressful and daunting. Whether you are in the middle of a divorce, or just thinking about getting a divorce, it is helpful to know the steps. The divorce process in Louisiana is

Click Image to Enlarge Embed This Infographic on Your WebsiteProvided by: Betsy A. Fischer

The ending of every relationship is difficult, but when the parties have children together, the ensuing custody battle can become downright nasty. Instead of going their separate ways, the parties must work together to co-parent effectively.   Most parties acknowledge that the

Documents filed with the court, such as a divorce petition or a final decree of divorce is a matter of public record. Anyone can stop by the courthouse and view the documents that have been filed. So, your nosy neighbor

Many couples who are unable to have children turn to adoption to get the family they so desperately want. For some families, adopting a baby is the best option. Other families, however, might consider adopting older children. For some older

If you are contemplating having your partner live with you, discuss your decision with your attorney first. If you are already living with your partner, let your attorney know right away so that the potential impact on any custody ruling

It is something we all have to think about as we grow older, naming beneficiaries and planning our will. A beneficiary will be the one who inherits your estate and once all of the documents are complete, it is a

There are times when a will needs to be contested. It is difficult to do and is emotionally draining, not to mention can be very costly, both when it comes to money and time. But if you are looking to

A divorce is usually a very complicated process. It can impact you legally, financially and emotionally. When working with a divorce lawyer to help you through the difficult divorce process, be prepared by having all of your ducks in a row

Going through the agonizing divorce process? Many decisions need to be made and dividing all property assets is one of these decisions. You might need to get the court involved, especially if you aren’t very knowledgeable about the process in

Nursing home negligence is happening more often and still many people aren’t educated enough about it. Did you know that they’re actually different types of neglect in nursing home to be aware of? Medical Neglect Medical neglect in a nursing home occurs

Many clients ask how soon they can expect their child support payments to start arriving? A number of factors may affect the date on which you will begin receiving your child support. Here are the usual steps in the process: •

Divorce is challenging in more way than one. It can bring a lot of issues and many hurdles you need to jump over, things like paying bills, child care and more. And even worse, some people involved in divorce can

Families that are going through a divorce are faced with many questions. And of one of the most common topics among parents is child support. Always Work With an Attorney When Dealing With Child Support in Louisiana The amount of child support

Getting a divorce is difficult and it can be even more complicated if you are in the military and retirement benefits are thrown into the mix. A military divorce is no different from any other divorce, but there are some

January has one of the highest rates of divorce papers filed. There are several reasons for this. Many times an individual does not want to interrupt the holiday season or make family gatherings unpleasant. The new year is also a

Divorce cases are always difficult and usually come along with stressful emotions. There are a number of things that can be brought up during a divorce case and often time there are things that can be used to your advantage.

An annulment is different than a divorce in that it declares that the marriage should have never been valid. An annulment, also called a null marriage, can be granted in the state of Louisiana as long as certain circumstances are

Deciding to get a divorce is one of the most difficult decisions one may have to make in their lifetime. Coming to terms with the fact that a relationship you thought would last forever isn't working is hard, and making

Clients wonder if they can collect on their former spouse’s social security benefits if he or she passes on before the client does. The answer is, "it depends." You may be eligible to receive benefits if: • You were married to

Custody and visitation rights can be complicated, especially when you're not a biological parent of the children involved. But just because your name isn't on their birth certificate, doesn't mean you shouldn't be able to visit them, no matter your

Coping with a recent divorce is especially difficult when the holidays roll around. Your feelings of stress, anxiety, loneliness, and anger may be amplified. It is important to remember in these times that this is normal and that there are steps

The term nesting refers to a child custody arrangement during or after a divorce in which the children continue to live in the home while the parents rotate in and out depending on when they have the kids. In this

I am often asked, "How can I make sure I will get to keep the children during the divorce proceedings?" You cannot ensure that your children will stay with you during the divorce process. However, the best way to provide clarity

While some divorces can take anywhere from months to years to finish, it is possible to speed the process up. Move on with your life and avoid the frustration and emotional turmoil that often accompanies a lengthy divorce. Keep reading

Divorce is so challenging when kids are involved that some couples decide to stay together just because it will be easier. It's important to understand the challenges ahead, emotionally and financially, before moving forward with a divorce when you have

What is a deposition? A deposition is the asking and answering of questions under oath, outside of court, in the presence of a court reporter. A deposition may be taken of you, your spouse, or potential witnesses in your divorce case,

If you are going through a divorce, it's important that you maintain an awareness of what your spouse is doing throughout the process. If your spouse does something against the law during the process of the divorce, it could negatively

As if a divorce wasn't hard enough, things get even more difficult when you have to do your income taxes for the first time after getting a divorce. One of the most common questions we get is, "Who gets to

Louisiana, Arizona, and Arkansas are the only three states in the United States where covenant marriage agreements exist. But what exactly is a covenant marriage and how does it differentiate from a conventional marriage license? Unlike a standard marriage, both parties

What is a deposition? A deposition is the asking and answering of questions under oath, outside of court, in the presence of a court reporter. A deposition may be taken of you, your spouse, or potential witnesses in your divorce case,

Divorce is tough and final, but all decisions made at the time the divorce is finalized do not have to be permanent. At any time after a divorce is finalized, either ex-spouse can request to modify an aspect of their

In Louisiana, a prenup is a contract a couple agrees to before getting married. It is created to divide their assets so if they end up getting a divorce, it is clear to whom the assets go to. Because the

If you want to ask the court to order your spouse to pay any portion of your legal fees, be sure to discuss this with your attorney at the first opportunity. Most lawyers will treat the obligation for your legal

Getting a divorce is difficult and heart breaking. It can be even more complicated when one spouse doesn't agree to it. But if you've tried all you can and believe there are unreconcilable differences, your spouse can't stop you from getting a

What should you do when you need a divorce as quickly as possible, but you don’t have much money? If you have some money and want to divorce as soon as possible, consider some of these options: • Borrow the legal fees

A divorce may be the most stressful thing many people go through in their lifetime. Divorces are hard but they don’t have to be the reason you lose your sanity. Taking care of your mental health should be your number one

Is there any way I can reduce some of the expenses of getting a divorce? Litigation of any kind can be expensive, and divorces are no exception. The good news is that there are many ways that you can help control

Divorces are rarely easy, and more often than not they are a long and tiring process. So why do divorces usually take longer than six months?  In this article, we'll discuss some of the reasons why. Reasons Why Divorces Take So

Calls and emails are all legal services for which you should expect to be charged by your attorney. Unless your case is being handled on a flat fee basis, you should expect to be billed for any communication with your

Paying child support in the state of Louisiana just got easier. Parents in Louisiana who pay child support through the state's social services department now have a new option to make their payments through. A new tool called MoneyGram, a

Divorce can be expensive.  There are different factors which will impact how much a divorce will cost.  Although it is difficult to predict how much legal fees will be, the following are some of the factors that affect the cost: •

Lawmakers in Louisiana are considering shortening divorce wait times on no-fault divorces for couples who have children under 18. Currently, divorcing couples with children under 18 must be separated for one full year before they can get a divorce. Lawmakers now

People come into my office wanting their divorce as soon as possible. How quickly a person gets divorced in Louisiana depends on if you meet the time requirements. There are a number of time requirements for getting a divorce in Louisiana.

I was honored to speak at Archbishop Chapelle High School's career day on Friday. I ran into some old friends and made many new friends. The students had numerous questions about being an attorney. Many students had questions which dealt

Here are more words that you may hear in your divorce or custody case: Judgment of Divorce: A final court order dissolving the Marriage Defendant: The responding party to a divorce; the party who did not file the petition initiating the divorce. Deposition:

Many times you will hear your attorney say some words relevant to your court case and you have no idea what they mean.  I have put together a glossary of words and their definitions. Affidavit: A written statement of facts made

The Discovery Process Discovery is one of the least talked about steps in divorce, but it is often one of the most important. The discovery process enables you and your spouse to meet on a more level playing field when it

Although you think your divorce should only cost $100, there are many factors that impact how much a divorce will cost? Although it is difficult to predict how much legal fees will be, the following are some of the factors that

My lawyer gave me an estimate of the cost of my divorce and it sounds reasonable. Do I still need a written fee agreement? Absolutely. Insist upon a written agreement with your attorney. This is essential not only to define the

Do you understand how your attorney is charging you? How will you know how the fees and charges are accumulating? Be sure your written fee agreement with your attorney is completely clear about how you will be informed regarding the status of your

The New York Post published an article regarding Sofia Vergara and Nick Loeb today. I had the opportunity to express my legal opinion: Louisiana family law lawyer Betsy Fischer agreed, saying there may be a conflict of laws issue since the

What are typical hourly rates for a divorce lawyer? In Louisiana, attorneys who practice in the divorce area charge from $150 per hour to more than twice that rate. The rate your attorney charges may depend upon factors such as skills,

How much does it cost to get a divorce? The cost of your divorce will depend upon many factors. It is impossible for your attorney to predict the cost of your divorce. Each divorce is unique to each couple’s situation. Some

Louisiana law allows you to proceed with a divorce even if you do not know the current address of your spouse. First, attempt to locate your spouse. Contact family members, friends, former coworkers, or anyone else who might know your

My spouse has told me she will never “give” me a divorce. Can I get one in Louisiana anyway? Yes. Louisiana does not require that your spouse agree to a divorce. If your spouse threatens to not “give” you a divorce,

In Louisiana, the amount of child support you pay is not tax deductible. If you receive child support, the child support is tax free regardless of when it is paid or when it is received. Alimony paid pursuant to a court

I was recently honored for being one of the "10 Best" in Client Satisfaction. Here is the press release: The American Institute of Family Law Attorneys has recognized the exceptional performance of Louisiana’s Family Law Attorney Betsy A. Fischer as 2016

It depends. In most cases the court will order each of the parties to be responsible for his or her own post-filing debts. In most cases, the date for dividing debt is the date the petition for divorce was filed.

How is credit card debt divided? Credit card debt will be divided as a part of the overall division of the marital property and debts. Just as in the division of property, the court will divide the debt equally. If your spouse

I really need a divorce quickly. Will the divorce I get in another country be valid in Louisiana? If both you and your spouse regard Louisiana as your true home and you both intend to remain in the state, a divorce

What legal steps can be taken to prevent my spouse from removing our child from the state? If you are concerned about your child being removed from the state, ask your lawyer whether any of these options might be available in

I am afraid to meet with a lawyer because I am terrified my spouse will find out and get violent. What should I do? Schedule an initial consultation with an attorney who is experienced in working with domestic violence victims. When

I’m afraid my abusive spouse will try to hurt me and/or our children if I say I want a divorce. What can I do legally to protect myself and my children? Develop a plan with your safety and that of your

I am still so angry at my spouse; how can I be expected to sit in the same room during a settlement conference? If you are still really angry at your spouse, it may be beneficial to postpone the conference for

I want to do a great job testifying as a witness in my divorce trial. What are some tips? Keep the following in mind to be a good witness on your own behalf: • Tell the truth. Although this may not be

If I can't afford to pay the full amount of the retainer, can I make monthly payments to my attorney? Every law firm has its own policies regarding payment arrangements for divorce clients. Often these arrangements are tailored to the specific

Will my attorney accept my divorce case on a contingency fee basis? No. A contingency fee is one that only becomes payable if your case is successful. In Louisiana, lawyers are prohibited from entering into a contingent fee contract in any

After our divorce is final, can the property agreement be modified? In Louisiana, the divorce judgment can be granted without a property settlement taking place. Once you have reached a property settlement, the provisions in your property settlement agreement dealing with

What is a property settlement agreement? A property settlement agreement is a written document that includes all of the financial agreements you and your spouse have reached in your divorce. This may include the division of property, debts, child support, alimony,

What does date of valuation mean? Because the value of assets can go up or down while a divorce is pending, it can be necessary to determine a set date for valuing the marital assets.  This is referred to as the

What is meant by equity in my home? Equity is the difference between the value of the home and the amount owed in mortgages against the property. For example, if the first mortgage is $50,000 and the second mortgage from a home

Not necessarily. Talk to your health care professional and follow their recommendations. Taking care of your health is of the utmost importance during this difficult time, and will serve your best interests as well as the best interests of your

No.  Feelings of depression, anxiety, and trouble sleeping are common during a divorce.  If you have any mental health concerns, seek help from a professional.  Following through with the recommendations made by your health care provider will be looked favorably

What is a covenant marriage? A covenant marriage is one that requires a couple to receive marital counseling before filing for divorce.  Similarly, the couple must also receive counseling prior to the marriage.  These requirements are based on the belief that

What is the significance of my divorce being final? The finality of your divorce decree, sometimes referred to as the judgment of divorce, is important for many reasons.  It can affect your right to remarry, your eligibility for health insurance from

Can I get a legal separation? Unless you contracted a covenant marraige, the state of Louisiana does not recognize "legal separation."  The legislature repealed the laws dealing with legal separation.  Couples who have a covenant marriage can obtain a judicial separation;

Are expenses such as child care supposed to be taken out of my child support? Yes.  Child care expenses are usually added into the basic child support obligation when support is calculated. If the child care expenses were included in the child

How does providing health insurance for my child affect my child support amount? If you pay the health insurance premium for your child, the amount you pay will be taken into account when calculating child support.  You will receive a credit

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Under Louisiana law, child support is ordinarily ordered to be paid until the child reaches the age of majority.  However, if the child turns 18, but is enrolled as a full time student in good standing in a secondary school.

The person I am divorcing is not the biological parent of my child.  Can I still collect child support from my spouse? No. If you married your spouse after your child was born, and your spouse has not adopted your child,

Yes.  A move out of state will not end your right to receive child support.  However, the amount of child support could be changed if other circumstances change, such as income or costs for exercising parenting time.

Yes.  Child support can be automatically withheld from most sources of income.  These may include unemployment, worker's compensation, retirement plans, and investment income.

My spouse has a college degree, but refuses to get a job.  Will the court consider this in determining the amount of child support? The earning capacity of your spouse may be considered instead of current income.  The court can look

Do I have to let my spouse see the children before we are actually divorced? Unless your children are at risk for being harmed by your spouse, your children should maintain regular contact with the other parent. It is important for children

On what basis will the judge award custody? The judge considers many factors in determining child custody. Most important is "the best interests of the child." To determine best interests, the judge may look at the following factors: Home Environments. This refers to

How old do the children have to be before they can speak to the judge about with whom they want to live? It depends upon the judge. There is no set age at which children are allowed to speak to the

Can I start using my maiden name right away and how do I get my name legally restored? You may begin using your maiden name at any time if your divorce judgment allows you to revert to your maiden name, provided

How much weight does the child's preference carry? The preference of your child is only one of many factors a judge may consider in determining custody. The age of your child and his or her ability to express the underlying reason

When does my divorce become final? The date that triggers the time period for a divorce becoming final is the date that the divorce decree is entered by court. In most cases, this will be the day the judge signs your

How long will it take to get my divorce if my spouse and I have not resided separate and apart the required amount of time? At a minimum, there will be a one hundred eighty days where there are no minor

How long will it take to get my divorce if my spouse and I have not resided separate and apart the required amount of time? At a minimum, there will be a one hundred eighty days where there are no

My spouse and I both want our divorce to be amicable. How can we keep it that way? You and your spouse are to be commended for your willingness to cooperate while focusing on moving through the divorce process. This will

My spouse has all of our financial information. How will I be able to prepare for negotiations and trial if I don't know the facts or have the documents? Once your divorce petition has been filed with court, your attorney will

Can I pick my judge? When your petition is filed with the court, a judge is assigned to your case. You may not pick your own judge or judge "shop." "Judge shopping" occurs when a person involved in a legal case

I'm worried that I won't remember to ask my lawyer about all of the issues in my case. How can I be sure I don't miss anything? Write down all of the topics you want to discuss with your attorney, including

During my divorce, what am I responsible for doing? Your attorney will explain what actions you should take to further the divorce process and to help you reach the best possible outcome. You will be asked to: Keep in regular contact with your

What is a motion? A motion is a request that the judge enter a court order of some type. For example, your attorney may file a written motion with the court asking for an order related to temporary custody, child support., parenting time,

What is an ex parte court order? An ex parte court order is obtained by one party going to the judge to ask for something without giving prior notice or an opportunity to be heard by the other side. An ex parte order is generally

Why should I contact an attorney right away if I have received divorce papers? If your spouse has filed for divorce, it is important that you obtain legal advice as soon as possible. Even if you and your spouse are getting

Should I sign a waiver of service and citation even if I don't agree with what my spouse has written in the petition for divorce? Signing the waiver of service and citation does not mean that you agree with anything your

Are there advantages to filing first? It depends. Discuss with your attorney whether there are any advantages to you filing first. Your attorney may advise you to file first or to wait until your spouse files, depending upon the overall strategy

If we both want a divorce, does it matter who files? No.  In the eyes of the court, the Plaintiff (the party who files the petition initiating the divorce process) and the defendant (the other spouse) are not seen differently by

I am considering moving out-of-state. What factors will the court consider in either granting or denying my request to remove my child from Louisiana? If you are considering an out-of-state move, talk to your attorney immediately. In order to leave Louisiana

What if the child is not returned from visitation at the agreed upon time? Should I call the police? Calling the police should be done only as a last resort if you feel that your child is at risk for abuse

I want to talk to my spouse about our child, but all he/she wants to do is argue. How can I communicate without it always turning into a fight? Because conflict is high between you and your spouse, consider the following: Ask

If I am not named the primary domiciliary parent, what rights do I have regarding medical records and medical treatment for my child?  Regardless of which parent is the domiciliary parent, state law allows both parents to have access to

During this time of year, I would like to say thank you to all of our wonderful clients. I hope you have a Merry Christmas.

What documents or items should I give my attorney to help prove the history of domestic violence by my spouse? The following may be useful exhibits if your case goes to court: Photographs of injuries Photographs of damaged property Abusive or threatening notes, letters,

I am concerned about protecting my child from abuse by my spouse. Which types of past abuse by my spouse are important to tell my attorney? Keeping your child safe is your top priority. So that your attorney can help you

My spouse keeps saying he'll get custody because there were no witnesses to his abuse and I can't prove it. Is he right? No. Most domestic violence is not witnessed by others, and judges know this. If you have been a

How can I get my spouse's visitation time to be supervised? The court will not order supervised visitation unless there has been a history of domestic violence, sexual abuse, alcohol or drug abuse or a pattern of harming the child.

I don't think it's safe for my children to have any contact with my spouse. How can I prove this to the judge? Keeping your children safe is your top priority. Talk with your attorney about a plan for the

What is a parenting plan? A parenting plan is a document detailing how you and your spouse will parent your child after the divorce. Among the issues addressed in a parenting plan are: Custody, both legal and physical Parenting time, including specific

If my spouse is named primary domiciliary parent of my child, how much time will our child spend with me? Schedules for noncustodial parents vary from case to case. However, historically, the standard schedule for noncustodial parents is alternating weekends

How is child custody decided? The parent who is awarded custody has the responsibility and authority to make all fundamental decisions regarding the child's welfare. Examples of fundamental decisions, include, but are not limited to issues such as religion, education,

I had the opportunity to speak to Humana members yesterday regarding wills, living wills, powers of attorney and trusts.  I appreciate all of the questions and interest.

Abadonment is rarely an issue in custody litigation unless one parent has been absent from the child's life for an extended period.  Under Louisiana law, abandonment is determined by the facts and circumstances of each case.  It must have occurred

In Louisiana, people marry with the intent of spending the rest of their lives together. Despite their best intentions, however, no one is able to predict the toil that major life events might place on a relationship. Many couples find

When a couple in Louisiana decides that they will marry, there are many different discussions that typically take place. Discussions must be had about whether and how many children are desired, about professional ambitions and living arrangements. Additionally, some recommend

People in Louisiana choose to sign a prenuptial agreement for a variety of reasons. However, such an agreement can be thrown out of court if it is determined that one of the parties is being treated unfairly or was taken advantage of

When people marry, they make several promises to one another. Unfortunately, when these promises are made, it is impossible to tell how each person's life will change over the course of the marriage. For many people in Louisiana, divorce becomes the only

While some divorces in Louisiana can be civil when both sides are willing to compromise, others can be long and drawn out. One out-of-state couple's divorce saga may finally come to a close over five years after divorce papers were originally

Marriage is hard. Even those with the best of plans have found that life changes those plans, making it time to adapt and move on. Sometimes this could result in the need for a divorce. While people in Louisiana may have

When two people decide to marry, they are likely more focused on short-term decisions, such as wedding venues and guest lists. Many people may not consider what will happen financially in the event that the relationship falls apart. Although a

Television and movies portray divorce as a contentious, bitter and long process. Proceedings are filled with finger-pointing and what is likely a significant amount of false accusations. Fortunately, these are fictitious portrayals, and many couples are able to start a new life

There are many different types of parents in Louisiana. While some are the coaches of their children's sports teams, others may not be quite so involved. Regardless, millions of parents in the country strive to provide both financial and emotional

When most people in Louisiana make the decision to walk down the aisle, they likely do so thinking that the marriage will last forever. However, people and relationships change, and some couples decide it may be in their best interests

In a custody matter, it is rare to hire a private detective for this purpose.  However, if custody is disputed and your spouse is having an affair, discuss with your attorney how a private investigator might help you gather evidence

People in Louisiana know all too well how a person's life will change once they have children. Most parents are more than willing to put their own well-being on the back burner to ensure that their children are happy and

Divorce is a difficult time for any family in Louisiana. While some families are able to peaceably and agreeably settle their differences, not every family is able to do so. For celebrities whose every move is reported by the media,

Legislation in Louisiana does not require spouses who are separating to file for legal separation. However, one of the grounds for divorce is living apart or separate. After separating or living apart, spouses may file for divorce, but a judgment

Aspiring parents might be interested in learning more about fostering, as described by the Department of Children & Family Services. Adults who successfully complete the foster parent process are considered liable for caring for the child, fulfilling daily needs, and

Domestic violence is a regrettable reality for some Louisiana families. It is also true that possessing a history of domestic violence does not necessarily prevent individuals from seeking and obtaining visitation with their child. However, courts must consider several critical

In most instances, no.  Judges make every effort to protect minor children from the conflict of their parents.  For this reason, most judges will not allow children to be present in the courtroom to hear the testimony of the other

There are many reasons to consider formalizing your relationship with a child through adoption. Many benefits today are dependent on legal relationships, including health care coverage and inheritances. Your desire to provide for your stepchild, niece, nephew, grandchild, or another

It can be devastating for your child to hear you bad mouthing his or her other parent.  What your child needs is permission to love both of you, regardless of any bad parental behavior.  The best way to support your

Visitation refers to the time a child spends with the parent with whom the child does not live.  A child has a right to time with both parents.  If a court finds that visitation with the other parent is in your

Contrary to a widely held belief among many Louisiana residents, the divorce rate across the United State has been declining for several years. Rates increased in the 1970s and 1980s, and a variety of factors might have been responsible for

Whenever Louisiana parents end their relationship through a divorce and have to deal with the issue of child custody and visitation rights, they should make their decisions based on what would be in the best interests of their children. This

Deciding to adopt a child can be a happy occasion for Louisiana couples. However, there are those who are determined to scam potential adopters out of money or into taking a child they cannot properly care for by misrepresenting the

If you are paying your attorney by the hour, expect to be charged for the time your attorney spends talking with you.  In order to keep your attorney fees manageable, you may want to consider speaking with a close family

In Louisiana, a divorcing couple may be awarded joint custody of any children they have together. This type of custody arrangement is only set in place in cases where it is both feasible and in the best interests of the

The income shares method used in determining child support for Louisiana families is also applicable in cases involving shared or split custody. Whereas a sole custody situation involves one parent paying their entire share of the calculated child support to

In Louisiana custody cases, when a parent is not granted custody or joint custody, the court will generally award this non-custodial parent visitation rights with the child. There are some situations, however, in which the court will not order visitation.

Many couples and individuals wish to be able to adopt a child in Louisiana, either privately or through the state's foster care system. Adoption, in which the couple or individual who adopt establish the legal and social rights normally enjoyed

Louisiana couples who are about to wed may be thinking about creating a prenuptial agreement. If done correctly, the documents create outlines about how assets and liabilities are handled by both parties during marriage and, in the event of divorce,

Today, I am celebrating the fact that 22 years ago I was sworn in as an attorney before the Louisiana Supreme Court.  It has definitely been a busy 22 years.  It has been a wonderful experience so far and I

The vital tenets of family law vary widely. As such, the adoption process can be markedly different from one situation to the next. Many families that want to add legal weight to the relationships they already cherish find it helpful

In a family that is intact, the income of both parents is typically used to address household and child rearing expenses. This may occur in proportion to the amount of money earned by each parent, and this concept is incorporated

Strong feelings of caring about your spouse often persist after a divorce is filed. Whether or not to proceed with a divorce is a deeply personal decision. Although feelings can inform us of our thoughts, sometimes they can also cause

You are wise to recognize that divorce is a time for letting in support. You can explore a number of options, including: Meeting with a member of the clergy or lay chaplain Joining a divorce support group Turning to friends and family members Going

Although feelings of sadness are common during a divorce, more serious depression means it's time to seek professional support. Feelings of depression or helplessness are common during a divorce. You may want to seek professional help. You also want to

Parents in Louisiana may benefit from learning more about the state laws that govern child support. The provisions and guidelines set forth by the Civil Code are based on the premise that both parents have a continuous obligation to children

First, simply get started. Often the thought about a task is worse than than actually doing the task itself. Second, break it down into smaller tasks. Perhaps one evening you gather your tax returns and on the weekend you work on

Feelings of guilt, competition, or remorse sometimes lead a parent to be tempted to spend parenting time in trips to the toy store and special activities. These feelings can result in an absence of discipline in an effort to become

A child's reaction to divorce can vary depending upon his or her age and other factors. Some may cry and beg for a reconciliation, and others may behave inappropriately. You can reduce conflict with your spouse, continue to be a

There is no best way to tell your children. The age and development of your children will determine how you tell your children. Changes in your children's everyday lives, such as a change of residence or one parent leaving the

If you fail to disclose information to your attorney, he or she will be unable to adequately advise you or prepare your case.  Although it is deeply personal to you, it is unlikely that anything you tell your lawyer will

Many people going through a divorce are dealing with lawyers for the first time and feel anxious about the experience.  Ask a trusted friend or family member to accompany you.  Your friend or family member can support you by writing

The issue of ending a marriage is not pleasant for any Louisiana couple, especially when division of assets and property is concerned. However, the most contentious aspect of the process can lie in child custody and support issues, which can

In this situation, it's a good idea to see an attorney.  Whether you want a divorce or not, there may be important actions for you to take now to protect your assets, credit, home, children, and future right to support.

Regardless of how long you have been married, when you said, "I do," you meant it.  Like most people getting married, you planned to be a happily married couple for life.  You did not expect to be divorced. But things happen. 

When two parents live in different states, the state that has authority over that child is usually the state where the child lives. Therefore, if the child lives in Louisiana, only a judge in Louisiana can create or modify a

Engaged couples in Louisiana may be concerned about discussing their money matters before the marriage. This sensitive subject is often dismissed and viewed as uncomfortable and difficult to deliberate. However, many people feel it is important to protect their assets

I spent Saturday and Sunday at the Welliver Bridal Show at Lakeside Shopping Center.  I had brochures available regarding wills and community property.  Also, I had copies of my book "Divorce in Louisiana" available for purchase.  The reaction of the

Louisiana is one of nine community property states in the country. While some people who are going through a divorce find that to be a plus, there are some considerations that they might not have thought about when it comes

When filing a petition for a divorce, you likely want to be as detailed as possible. In some cases, however, being detailed might lead to legal problems that go far beyond the divorce process. A recent lawsuit filed in a

Many couples who are unable to have children turn to adoption to get the family they so desperately want. For some families, adopting a baby is the best option. Other families, however, might consider adopting older children. For some older

When most people think of prenuptial agreements, they probably think of contracts that outline the division of a couple's assets if they get a divorce. While that is one of the facets of these agreements, it certainly isn't the only

Being involved in a relationship that includes domestic violence is a horrible way to live. Domestic violence can lead to physical injuries, emotional trauma, and in extreme cases, death. Louisiana residents might be interested in learning about the new bill

For children who are awaiting adoption, finding loving parents is a priority. For parents who feel the need to adopt, finding a child to adopt is a priority. In an effort to bring awareness to the children who are currently

With all the children in the foster care system, it is no secret that there are a lot of children who need to find a family who will love them as they should be loved. An option through the Louisiana

The finality of your divorce decree, sometimes referred to as the judgment of divorce, is important for many reasons.  It can affect your right to remarry, your eligibility for health insurance from your former spouse, and your filing status for

When your petition is filed with the court, a judge is assigned to your case.  You may not pick your own judge or judge "shop."  Judge "shopping" occurs when a person involved in a legal case attempts to influence the

The House in Louisiana approved a recent bill that could have a large impact on anyone who is potentially looking to get a divorce in the state. Specifically, the bill tackles the issue of spouses who are suffering from abuse

Trying to decide how to divide up assets is usually one of the biggest obstacles of going through a divorce. For New Orleans rapper Master P, whose real name is Percy Miller, going through a divorce means having to deal

For many couples, getting a divorce means that once the ink on the divorce decree is dry, they don't have to deal with each other except for possibly when dropping off kids and picking them up. For couples who share

For politicians, keeping up a proper appearance can mean the difference between remaining in office and being removed from office. Some of the actions that will affect a Louisiana politician's political status might also affect their marital status, as well

Up until recently, closed adoptions were the most common type of adoption in Louisiana. During these adoptions, birth parents were told that they could place the baby for adoption with a guarantee of confidentiality. That guarantee might not be valid

For people who are no longer in a relationship but have children together, child custody and child support are likely big factors in caring for the children. When the court enacts a child support order, the person who is to

When someone who is considered a star goes through a divorce, it can often be very trying since the public wants to know what is going on with very private affairs. Country music star Trace Adkins is going to get

Getting married is a big step. For some people, that big step has to come with certain conditions. These conditions are sometimes laid out in a prenuptial agreement. While the prenuptial agreement is most often associated with someone who is wealthy, it

Being involved in a high profile divorce isn't easy, especially when the circumstances of that divorce are questionable. For St. Bernard Parish President David Peralta, accusations of beating, handcuffing and raping his wife are all part of the divorce proceedings

With all the news about same-sex marriages that has been covered recently, it should come as no surprise that same-sex married couples are finally starting to enjoy some of the same rights as opposite-sex couples. One of these rights has

Four gay married couples have joined the Forum for Equality Louisiana to launch a legal challenge to the state's constitutional prohibition against recognizing gay marriages performed in one of the 17 states that allow marriage between same-sex spouses. A draft of

For Louisiana children who are accustomed to having both parents in the same house, learning those parents are getting divorced likely raises a lot of fears. One of those fears is usually which parent the child will live with. Shared

Since 1999, American families have adopted more than 240,000 foreign-born orphans. This has gone a long way in giving these children a fresh start in a country that can help make all their dreams come true. With this in mind,

Having children is a milestone in marriage that necessitates a lot of changes. For some families, one of the changes means that the mother will stay home to care for the children. While making that decision might be best for

The reasons that two people file for divorce can vary greatly from one couple to the next. For the St. Bernard Parish President, the decision to get divorced was apparently caused by him fearing for his safety. Last year, the man's

Louisiana's Safe Haven law is designed to give parents a safe way to give up their babies and allow them to be adopted if they feel they cannot take care of them properly. Recent changes have been made to give

Divorce is a subject that will inevitably be troubling the minds of some residents of Louisiana at any given point in time, and a recently written article concerning some of the dangers of post-divorce tax filing may prove enlightening for

Provided you have met the residency requirements for living in Louisiana for six months, you can file for divorce here even if your spouse lives in another state. Discuss with your attorney the facts that will need to be proven and

Provided you have met the residency requirements for living in Louisiana for six months, you can file for divorce here even if your spouse lives in another state. Discuss with your attorney the facts that will need to be proven and

Louisiana couples may be following the recent experience of two California fathers. Both of their sons were taken to Europe by their mother and not returned. The fathers ended up going to France where a judge returned the boys to

I would like to take this opportunity to wish all of my clients, fellow attorneys, friends and colleagues a happy New Year.  I particularly want to wish a happy and healthy new year to those in the midst of family

I am very excited to announce that my book, "Divorce in Louisiana" has been published.  I just received my first copies.  My goal in writing this book was to help people considering or going through a divorce.  The book is