Divorce is both legally complex and often emotionally exhausting. The process of a divorce may be more straightforward if spouses agree to get a divorce, but that doesn’t make it easy. Whether spouses are handling their divorce through out-of-court negotiation or are involved in litigation, they can benefit from a skilled Ascension Parish divorce lawyer.
The choice to get a divorce is often incredibly hard for a spouse or a couple, even if it is the right choice to make. A divorce dissolves the marriage between two spouses, eliminating the responsibilities of marriage and requiring spouses to determine issues such as the division of marital property and a parenting plan for their children.
The attorneys at Magnolia Law can help lessen the stress of a divorce. We understand how frustrating a divorce can be, even if you and your spouse are on good terms. We can help with mediation or collaborative divorce, representing your interests or the interests of both spouses while searching for the most beneficial resolution in a separation agreement.
Our attorney also has significant experience representing a divorcing spouse in court and can advocate for your needs. We take the time to understand your needs and wishes for a divorce outcome and try to reach a fair resolution as efficiently as possible.
If spouses agree on the majority of the terms of a divorce, they get an uncontested divorce. Spouses must either agree on the aspects of their separation agreement, such as spousal support and child custody, or be able to negotiate the terms amicably.
An uncontested divorce is frequently faster, less expensive, and less stressful than a divorce that goes to court. Spouses can create a separation agreement on their own terms and submit it to the court for approval. An attorney can help ensure the terms are fair and likely to be approved and can help negotiations go more smoothly.
Spouses get a contested divorce when they can’t agree on the terms of a separation agreement or when spouses do not even agree on filing for a divorce. When spouses get a contested divorce, the judge in their case has control over the terms of the divorce, including child custody, child support, and property division. It is even more important to have legal counsel in a litigious divorce.
There are several important areas of family law that may be involved in a divorce case. Decisions may need to be made about several issues, including:
However, if spouses do not have a prenuptial or postnuptial agreement and cannot reach an agreement, the court will divide their property. Louisiana has community property laws for court-ordered property division, which means that all marital property is split equally between spouses. This doesn’t mean that all assets are divided in half but that each spouse should receive an equal half of the total value of marital assets.
A divorce attorney can advocate for your financial needs for support or advocate for why you cannot provide the requested support.
The court may award interim spousal support or final periodic spousal support, depending on if a spouse needs support during or after the divorce case. There are several situations that can affect whether you owe or receive spousal support, including adultery, abuse of a spouse or child, or other harmful acts.
Both parents want to raise their children well but may disagree regarding the child’s interests. These discussions may go more smoothly with the mediation services of a divorce attorney. An attorney can provide solutions and help parents discuss emotional issues.
A child custody case decided through litigation is often much more frustrating for the entire family. The final decision for custody is out of the parents’ control, and an attorney is an essential ally in advocating for your interests and the interests of your family in court.
Children have the right to financial support from both their legal and biological parents, and child support seeks to be sure they receive the same level of support after a divorce. An attorney is useful when advocating for a fair amount of support, especially when a child has exceptional financial needs or a parent cannot afford the proposed payments.
When spouses get an uncontested divorce, there are different methods of alternative dispute resolution. The most common are divorce mediation and collaborative divorce. Both are ways for spouses to negotiate the terms of their separation agreement with professional aid.
In mediation, one attorney is a neutral third party in discussions, while each party has their own legal representation in collaborative divorce. If spouses are able to negotiate their divorce this way, it can be resolved more quickly.
If you are not sure what the right legal route is for your divorce, the experienced attorneys at Magnolia Law can help guide you. We know how much a divorce can alter your future and can give you the support you need to reach the ideal outcome. Contact our team today.