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Divorce Proceedings In Louisiana

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 turn an otherwise simple divorce into a huge ordeal for everyone involved.

Child custody is particularly difficult because it generally entails an order of child support to be paid by the noncustodial parent. Many courts presume that parents wish to retain joint custody, but will entertain motions to award one individual “primary” designation if there is a verifiable reason to do so. Each parent’s relationship with the child will be considered, as will each person’s ability to provide and his or her mental, physical, and emotional health. An older child’s wishes will also usually be considered.

In terms of child support, the non-custodial parent is generally ordered to pay a certain monthly amount toward the care of minor children. Amounts tend to follow a particular set of guidelines, but a judge has some flexibility based on the particular circumstances. Spousal support can be ordered on an interim or periodic basis. Interim spousal support can be ordered for up to six months following the finalization of a divorce, at which time a final ruling on more permanent payments can be made based on both need and the other party’s ability to pay.

Divorce is a tricky procedure that has many long-lasting effects on both parties. The process involved in ending a marriage is a long and arduous process that can be taxing. The advice and counsel of a divorce attorney can often be of assistance in negotiating a settlement agreement that would take certain determinations out of the hands of the court.

Source: Louisiana State Bar Association , “Divorce. Who Gets Custody? Who Pays Support?“, September 15, 2014

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