Can a Baker LA family law attorney at Miller, Hampton & Hilgendorf help with divorce and child custody actions in Baker Louisiana?

Divorce is second in the top ten most stressful life events according to the Holmes and Rahe scale. The loss of control over individual and family matters when going through a divorce action can be overwhelming.  When the actions of dividing finances, material possessions and time spent with children are not handled correctly with the help of an experienced Baker  Louisiana divorce attorney, a family’s future stability can be negatively impacted making it difficult to adjust to the change. A Baker LA family law lawyer can address questions regarding the hurdles that may arise, including harmful impacts to finances, property division, and emotional matters involving children.

Baker Louisiana divorce actions.

Residency.  Individuals can file for divorce in Louisiana if one, or both of the spouses are “domiciled” in Louisiana. The law requires that a person be “domiciled” in Louisiana if they have established and maintained a residence there for at least six months. The divorce must be filed in a parish where either party is domiciled, or in the parish where the couple lived in the marital home.

 No fault. Filing a divorce in Louisiana may be complicated, even though the divorce action can be accomplished on a no-fault foundation, meaning that married parties do not have to provide proof that either spouse did something wrong to cause the divorce. A couple may just want to end the marriage and live separately. Baker Louisiana divorce lawyers can advise parties and work within the court system to make divorce actions less volatile. Filing no fault divorce actions in Louisiana requires couples who have children to live separately for a year, and couples who do not have children must live separately for six months.  Naming fault can speed up the process when individuals wish to have less interruption to future financial matters such as purchasing a home.

Fault.  A fault divorce action can be more effective as the waiting periods of one year, or six months for a no fault action are no longer a factor. Fault actions may include the following:

• Adultery
• Felony conviction
• Willful abandonment for at least one year
• Both parties living separately for at least one year from the date of separation
• Physical or sexual abuse upon the petitioner or child(ren)

Separation.  It is not necessary to file any formal paperwork to begin a separation.  One of the parties to the marriage will just need to move out of the family home and the required clock will begin ticking.  Couples may want to draft a separation agreement to make it easier when divorce proceedings begin.  This will serve as the beginning of the timeline of separation and may include information regarding financial settlements and issues related to child custody and support.

Child custody in {city} Louisiana.

Louisiana child custody lawyers can explain pertinent child custody laws in Baker LA, as they pertain to both parents’ legal responsibility to the children. Legal battles involving child custody are best addressed with an experienced child custody attorney, as the outcomes can be devastating for parents and children alike.

• Physical custody – custody that is in the best interests of the child taking into consideration a multitude of factors such as age, parental preference, mental and physical health of parents, child’s community, school, and home environment; parental history of violence; relationship with child and moral standing.
• Visitation – a parent not granted custody, or joint custody of a child is entitled to reasonable visitation rights unless the court finds after a hearing, that visitation would not be in the best interest of the child.
• Family violence impact – in cases involving a history of committing family violence, or domestic abuse, including sexual abuse, whether or not a party has sought relief under any applicable law, the court shall determine an award of custody, or visitation in accordance with R.S. 9:341 and 364. The court may only find a history of committing family violence if the court finds that one incident of family violence has resulted in serious bodily injury, or the court finds more than one incident of family violence.
• Marital settlement agreement – a formal agreement between the divorcing parties spelling out agreed upon terms regarding child custody, finances, dependent care, shared visitation, and expenses.

Family law in {city} LA and Your Financial Responsibilities.

• Alimony – financial support to a divorced party from their former spouse, usually the main financial provider of the marriage, by order of the court to maintain stability for the non-working spouse. A judge has a lot of leeway in determining how much alimony should be awarded.  For final alimony, which includes periodic payments that will be ongoing until a spouse dies or gets remarried, a judge has to look at issues like the income of each spouse and the duration of the marriage.
• Baker Louisiana Child support – financial support based on parental income that will cover living expenses related to childcare, insurance costs, education, and extracurricular activities of children. Baker Louisiana custody lawyers can go over the Child Support Guidelines completed by both parties to the divorce and clear up disputes regarding transparency of income and assets.
• Distribution of marital assets/liabilities – when it comes to divorce actions, Louisiana state favors “community property” standards, meaning that all assets acquired during the marriage are divided equally among both parties, as well as liabilities. The court will encourage both the Petitioner and Respondent to come to an agreement about property distribution and if an agreement cannot be made, the court will decide.
• Emergency support – financial support for separated spouses before the divorce can be finalized on spousal/child support matters.

Value of legal counsel.

A Baker Louisiana divorce lawyer may be useful in drafting a settlement agreement for divorcing parties that outlines financial division and responsibilities to children, which may diffuse the emotional, financial, and family upheaval associated with divorce and child custody actions.  Baker Louisiana custody lawyers can outline steps to insure family stability.

MILLER, HAMPTON & HILGENDORF

Address: 3960 Government St, Baton Rouge, LA 70806

Phone: 225-343-2205

Sources:

https://www.stress.org/holmes-rahe-stress-inventory

https://www.legis.la.gov/legis/Law.aspx?p=y&d=108546

https://www.legis.la.gov/legis/Law.aspx?p=y&d=408225

https://www.legis.la.gov/legis/Law.aspx?d=108548

https://www.legis.la.gov/legis/Law.aspx?d=108693

http://www.dss.state.la.us/page/142#undefined