Covington Divorce Lawyer

Helping Clients File for Divorce in St. Tammany Parish

If you are facing a divorce or considering one, we know this isn’t an easy time for you. Choosing to legally separate from your spouse is no small or simple task.

Whether you are responding to a spouse seeking a divorce or are the spouse petitioning for it, you need to consider what the dissolution of your marriage will entail. Issues around property division, temporary restraining orders, and spousal support (also known as alimony) are enough to worry about. If you have children, you’ll need to deal with issues surrounding child support, child custody, and visitation.

Divorce is personal and emotional, and so much is at stake – don’t risk anything and seek a competent divorce lawyer in Covington to fight for your rights. At Lindsey S. Olsen, Attorney at Law, we can guide you through the divorce process from beginning to conclusion. We seek to empathize with our clients and help them overcome their struggles and make a positive difference in their lives.

Need help with your divorce? Contact us today at (985) 256-3553 for a consultation and let us guide you through the process.

102 No-Fault Divorce in Louisiana

A 102 or no-fault divorce can be filed at any time by either spouse as a petition to end the marriage. No reason for ending the marriage needs to be provided or proved. These types of divorces are filed by people who haven’t been physically separated from their spouse for more than six months.

After a petition to divorce has been served from one spouse to the other, they must wait six months (if they have no children) or a year (if they have children) from the date the petition was served before a hearing can be held to finalize the divorce. At the hearing, it must be proven that the spouses lived separately and apart for at least six months after the petition was served.

What is 103 Fault & No-Fault Divorce?

A 103 divorce differs from a 102 in that spouses have already lived separate and apart for more than 6 months (without children) or 365 days (with children). This is often the quickest way for a divorce to be finalized because – if it can be proven – the required separation period has already elapsed.

A 103 Divorce can also be filed if fault is found on the following grounds:

• A spouse has committed adultery
• A spouse physically or sexually abused the other spouse or a child of either spouse
• A protective order or injunction was placed on one spouse to protect the other or a child of either during the marriage
• A spouse is imprisoned at hard labor for a felony conviction
• A spouse has been sentenced to death for a felony conviction

Spousal Support (Alimony) in Louisiana Divorces

Spousal support, also known as alimony, is financial assistance paid by one spouse to the other after a divorce. Louisiana law allows several types of spousal support:

• Temporary Spousal Support: This support is provided during the divorce process to help the lower-earning spouse meet their needs until the divorce is finalized.
• Permanent Spousal Support: Awarded when the court believes the recipient spouse is unable to support themselves after the divorce, usually due to financial dependency.
• Rehabilitative Spousal Support: This type of support is temporary and intended to help the recipient spouse become self-sufficient by obtaining education or job skills.

When determining whether to award spousal support, Louisiana courts consider several factors:

• Length of the Marriage: Longer marriages are more likely to result in an award of permanent support.
• The Recipient’s Needs: The court looks at the spouse’s financial situation and whether they can support themselves.
• The Paying Spouse’s Ability to Provide Support: The paying spouse’s financial capacity is also a key factor.
• Other Factors: Courts will also consider factors such as the spouses' standard of living during the marriage, the age and health of the recipient, and the paying spouse’s ability to pay.

If you're seeking spousal support, it’s essential to provide evidence of your financial need and your spouse’s ability to pay. If you wish to contest spousal support, you must show that the other party doesn’t require support or that you cannot afford to pay.

Property Division in Divorce

Louisiana follows community property laws, meaning that property acquired during the marriage is typically divided equally between spouses. Here’s how it works:

• Community Property: This includes most assets and debts acquired during the marriage, such as income, homes, cars, and retirement benefits.
• Separate Property: Property owned before the marriage, or received as a gift or inheritance, is considered separate and is not subject to division.

Dividing high-value assets can be complex, especially when dealing with:

• Real Estate: The family home or other properties need to be appraised and fairly divided.
• Retirement Accounts: Pensions, 401(k)s, and other retirement benefits need to be divided, often requiring a Qualified Domestic Relations Order (QDRO).
• Business Interests: If one spouse owns a business, it may need to be valued and divided, often involving an expert to determine the business’s worth.

Child Custody and Support

In Louisiana, child custody decisions are based on the best interests of the child. Here’s an overview:

• Custody: Courts will look at factors such as the child’s relationship with each parent, the stability of each home, and the child’s preferences (if they’re old enough). Custody can be sole or joint, depending on the circumstances.
• Child Support: Louisiana uses a specific formula to calculate child support, considering both parents' incomes and the needs of the child. The support covers costs like:
  • Medical expenses
  • Educational costs
  • Childcare and extracurricular activities
  • Basic living expenses

Parents must comply with the court’s custody and support orders. If there’s a change in circumstances, such as a job change or relocation, a modification request can be made.

Parents must comply with the court’s custody and support orders. If there’s a change in circumstances, such as a job change or relocation, a modification request can be made.

Does It Matter Who Files for Divorce First in Louisiana?

Although in Louisiana, there aren't any advantages to who files for divorce first, one should consider some of the benefits. Keep in mind the preparation to reflect on any surprises, including the emotional, mental, and financial fallout that will occur.

Frequently Asked Questions (FAQs) about Divorce and Family Law in Louisiana

How is spousal support calculated in Louisiana?

• Spousal support is calculated based on several factors, including the length of the marriage, the financial needs of the requesting spouse, and the paying spouse’s ability to provide support. The court will consider the standard of living during the marriage, the recipient’s ability to become self-supporting, and any other relevant factors, such as the physical and mental health of both spouses.

Can child custody orders be modified after the divorce?

• Yes, child custody orders can be modified if there is a significant change in circumstances that affects the best interests of the child. This can include a parent’s relocation, a change in the child’s needs, or other major life changes. A parent seeking a modification must file a petition in court and provide evidence supporting the request.

What happens if my spouse refuses to pay spousal support or child support?

• If your spouse fails to pay spousal or child support, you can take legal action to enforce the court order. This may involve wage garnishment, fines, or even contempt of court charges. It's important to document all non-payments and consult with an attorney to take appropriate steps.

Do I need an attorney to file for divorce in Louisiana?

• While it is not legally required to hire an attorney to file for divorce in Louisiana, it is highly recommended. An experienced divorce lawyer can guide you through the legal process, ensure your rights are protected, and help with complex issues like property division, child custody, and spousal support.

How is property divided in a Louisiana divorce?

• Louisiana follows community property laws, meaning that property acquired during the marriage is generally divided equally between the spouses. Separate property, which is acquired before the marriage or as a gift or inheritance, is not subject to division. The court may consider the value of assets, debts, and the overall fairness of the distribution.

Can grandparents seek custody or visitation rights in Louisiana?

• Yes, grandparents can seek custody or visitation rights in Louisiana under certain circumstances. Courts will consider the best interests of the child, the relationship between the grandparent and child, and the parents' wishes. In some cases, grandparents may be awarded visitation or even custody if the child’s welfare is at risk with the parents.

How long does the divorce process take in Louisiana?

• The divorce process in Louisiana can vary depending on the type of divorce and whether the parties can reach an agreement. For a no-fault divorce, a waiting period of 180 days is required if the couple has no children, or 365 days if children are involved. The process may take longer if there are disputes over property division, child custody, or support. 

Contact Our Divorce Attorney in Covington Today

In either case, having a Covington divorce attorney who can help you navigate your divorce with as much ease as possible can lessen your emotional distress and confusion during this time. Seek help as soon as you know divorce is the right option for you or when you’ve been served with divorce papers.

Facing a tough divorce or family law issue? Contact us at (985) 256-3553 for personalized legal support and professional guidance.