Divorce dissolves a marriage and is often a complicated and overwhelming process. For many couples and their families, however, it is a necessary decision since it is healthier for them and their relationships. A Livingston Parish divorce lawyer is a beneficial asset whether a couple is managing their divorce through litigation or negotiation.
The decision to get a divorce is not the last difficult choice couples will have to make. There are different legal routes couples can take to get divorced, such as fault-based or no-fault divorces. There are also many complicated aspects to a divorce, such as child custody and spousal support.
Magnolia Law knows how emotionally exhausting the process of divorce can be. Our experienced family law attorneys can help ease your stress by handling complex legal issues and requirements, mediating discussions between you and your spouse, and helping you find a beneficial outcome to the divorce for your family. At Magnolia Law, we want to guide you through your divorce more efficiently and smoothly with exceptional legal counsel.
A divorce often consists of several other family law cases, including:
A divorce is a very financially straining legal situation, and it is essential that you obtain your fair share of marital assets. An attorney is essential to protecting your rights and financial interests.
Child support determinations follow a specific formula based on parental income, children’s needs, and other factors. Unfortunately, there are some situations when this formula does not adequately support a child’s needs or takes more money than a paying parent is able to provide. Having an attorney defend your interests can lead to a fairer support determination.
There is no formula for spousal support, and it is awarded based on the financial need of one spouse and the ability of the other spouse to pay. The court may award interim support during the divorce case and final period support after a divorce. There are several situations that can effect whether you owe or receive spousal support, including adultery, abuse of a spouse or child, or other harmful acts.
An uncontested divorce occurs when spouses can use alternative dispute resolution methods such as divorce mediation or collaborative divorce to create a separation agreement. Spouses can reach a compromise on all the aspects of their divorce, such as property division and spousal support, and submit this separation agreement to the family court.
If the judge determines the agreement is fair and that provisions regarding children are in the children’s interests, the judge will enter the agreement as a court order.
However, if spouses cannot reach an agreement on the aspects of their divorce, the divorce is contested and enters litigation. In some cases, spouses attempt an uncontested divorce first but are unable to finalize the agreement. Then, the judge will have to make a decision regarding the aspects of divorce that a couple could not agree on.
Divorce mediation is a common way for divorcing spouses to resolve their separation out of court. It is less expensive than taking the divorce to court and can usually be resolved more quickly. Spouses negotiate the terms of their separation agreement, while a neutral third-party mediator or mediation attorney helps them reach compromises and solutions.
Collaborative divorce works very similarly, but each spouse is represented by their own attorney who looks after the individual spouse’s interests. Although more costly than mediation, it is still much less expensive than taking a divorce to trial. This can help spouses negotiate more complex issues in a private setting.
When first filing for a divorce, a spouse must list the grounds for filing the divorce. If a spouse is filing for a no-fault divorce, the grounds for divorce are simply based on time spent living separate and apart. Generally, parties must live separate and apart for 180 days when they do not share minor children and 360 days when they do.
Spouses can also file for a divorce on fault-based grounds. The grounds for a fault-based divorce are:
If a spouse files on fault-based grounds, they must prove those grounds in court. An attorney can be helpful in determining the benefits of filing a fault-based or no-fault divorce based on your unique circumstances.
The decision to get a divorce is not an easy one. If you are unsure how to begin the process or are feeling overwhelmed by the tasks required in a divorce, contact Magnolia Law. Our attorney has worked in family and divorce law for many years and is dedicated to helping you find the right solution for you and your family. Our attorney understands that a divorce case can change a lot about your life. We are well-versed in providing detailed, personalized, and compassionate legal care.