A divorce often involves more than just the actually ending of the marriage. This article explains some things to do and not to do.
Like any state’s family law system, Louisiana has its nuances and subtleties. While it is impossible to say for certain what the conclusion will be in any given legal imbroglio without knowing all of the facts, sometimes a divorce lawyer can postulate generalities. What follows are some typical “dos and don’ts” in Louisiana family law. If you find yourself in any of the situations like the ones below, please consult a trained Louisiana attorney.
DO make sure you live separate and apart from your spouse for the required time period. Many a client has went into the office of a divorce lawyer office thinking they were ready to get “done up legal” and then learned that they did not meet the simple yet stern “separate and apart” requirement. If you do not have children by the marriage you must live completely separate and apart from your spouse for one hundred and eighty days. This means in another abode or domicile, not in the spare bedroom. If you do have children together, than the period bumps up to three hundred and sixty five days. There are exceptions to this rule for extreme situations such as domestic abuse and adultery, which brings us to….
DON’T cheat on your spouse! Most people probably already understand that cheating on your significant other can cause pain and heartbreak and all concerned. Additionally, the cheating spouse can lose important rights and privileges. For example, the waiting period mentioned above is not required if your spouse’s divorce lawyer can prove you cheated on your spouse. If you cheat, your spouse can go out and end the marriage almost immediately! Not to mention, cheating on your spouse makes you “at fault.” This means that you might lose your right to collect spousal support, if you would have otherwise been owed it!
DON’T get a covenant marriage unless you understand fully what you are contracting to do. A covenant marriage in Louisiana enhances the legal obligations which spouses owe to one another. Such a covenant can make it much more difficult for a divorce lawyer to end the marriage, take a longer time to resolve, and often involve mandatory counseling sessions.
DO try and agree with your spouse about how the custody of your children should be resolved. Parents in Louisiana are entitled to work out a custody agreement between themselves. Take this opportunity to put your children first, and try and work something out that will benefit all parties involved. If you fail to do so, a Louisiana court can order custody which you may not like, and which may be very hard to modify in the future.
These are just a few recommendations for making your experience in the realm of family law matters a little bit easier. Please check back for more “Do and Don’ts” from a divorce lawyer.
This above is informational only, not legal advice. Will Beaumont. New Orleans.
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