Whether you and your spouse agree that divorce is the best course of action or you were served with “surprise” divorce papers, it is a major life change that, for most people, is very emotional. It’s hard to think clearly when emotions are running rampant, especially where children are concerned. Instead of trusting yourself to make the best decisions for you and your children, contact New Orleans divorce attorney Martha Maher to help you through the process. Attorney Maher will ensure that your rights are not violated.
Fault and No Fault Divorce
Louisiana is a no fault state. No fault means that the person filing for the divorce does not need to give a reason for the divorce. Fault is relevant for purposes of permanent spousal support.
Factors in a Divorce
Divorces, even no fault divorces, can get complicated. Factors include assets, liabilities, child custody and visitation issues and spousal support issues. Since Louisiana is a community property state, assets and liabilities that are community property are divided in half in a divorce. Child custody and visitation issues are based on the parents’ behavior and what is in the best interests of the children if a court must make that determination. Child support is based on the parents’ income and the amount of time each parent spends with the children. And, alimony or spousal support is based on several factors that may include the actions of you or your spouse, the ability to pay and whether the requesting spouse needs alimony.
Breaking a Contract
If you are thinking that divorce is complicated, think of it as breaking a contract. The contract is the one you “signed” when you said, “I do.” Everything you have together – property, kids, debt – has to be divided between you and your spouse, much as what would happen if you and your business partner decided to part ways. The children are not “divided,” but their time with each of you is divided so that both of you can spend time with them.
Contact Martha Maher
Contact Attorney Maher for a consultation if you are considering divorce or if you have been served with divorce papers.