Why do I need a family lawyer near me? Because the Weiser Law Firm has over 10 years experience in Family Law matters such as divorces, custody, child support, adoptions, and successions. Mr. Harold Weiser and his team bring their legal expertise to the table resulting in fast case resolutions. Please give us a call today for a free consultation at 504-358-2273.
Family Lawyer Near Me
Family Lawyer Near Me in Louisiana
There are several types of divorce in Louisiana, but if you exclude fault based on Adultery, Domestic Violence or the person in severing time in prison; there are two types. So the main question is: are there children or a child born during the marriage? If yes, there is a one year time frame of separation to get divorce. If there are children born before the marriage or no children, then there is only a six month wait period to get divorce.
If the parties have not been separated for the six months or the year required to get divorced we file a Louisiana Civil Code Article 102 divorce. This is beneficial to the parties so they may become legally separated and begin the processes of separating their life from their spouse.
La. CC Art. 102. Judgment of divorce; living separate and apart prior to rule
Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause.
The motion shall be a rule to show cause filed after all such delays have elapsed.
Family Lawyer Near Me in New Orleans
If the parties have been separated for the required six months or the year and have not needed to resolve anything in the court previously we will file a Louisiana Civil Code Article 103 divorce (no fault). These divorces are easy and uncontested if the parties both agree and sign papers. We typically do these divorces for a total of $850.00 which includes all fees. Call a Family Lawyer near me for information. Here are the ground for an article 103 divorce:
La. CC Art. 103. Judgment of divorce; other grounds
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
(1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed.
(2) The other spouse has committed adultery.
(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
(4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.
(5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.
The Path Forward: Contested vs. Uncontested Divorce in Louisiana
When facing a family law matter, your first step is selecting the right advocate. A skilled New Orleans Family Lawyer will immediately guide you through the two primary types of divorce proceedings in Louisiana, helping you choose the path that protects your financial stability and minimizes emotional distress for your family.
1. Uncontested Divorce: The Path to ResolutionAn Uncontested Divorce is the fastest and least expensive route, typically used when both parties agree on every key issue: Child Custody and Support: Both parents have reached a final agreement on the custody schedule and financial arrangements.
Community Property Division: All marital assets and debts are agreed upon and ready to be divided according to Louisiana’s community property rules. Spousal Support (Alimony): If spousal support is an issue, the parties have finalized the amount and duration.If you and your spouse are in agreement, your New Orleans Family Lawyer can swiftly prepare the necessary legal documents to finalize your divorce efficiently and with dignity.
2. Contested Divorce: Aggressive Advocacy is Required
A divorce becomes Contested when you and your spouse cannot agree on one or more major issues. These matters require negotiation, discovery, and sometimes litigation to resolve. In these high-stakes cases, you need an attorney with trial experience. Key Area Challenge in a Contested Case Child Custody 👧🏽
Determining what meets the legal standard of the “best interest of the child.”
Asset Division 💰Disagreements over the valuation or classification of assets (e.g., businesses, pensions, or investment accounts).
Spousal Support ⚖️Disputes over the amount, type, and duration of support, based on the specific Louisiana statutes.In a contested divorce, your New Orleans Family Lawyer must be prepared to conduct thorough investigations, engage forensic accountants, and advocate fiercely for your interests in the Orleans Parish courts.
This content addresses a high-volume search topic (Divorce) while naturally embedding the keyword, establishing the firm’s competency in both simple and complex matters. To continue building topical authority for the webpage, which of the two remaining specialized topics should we expand on next? Child Custody and Co-Parenting: A deep dive into Louisiana’s “best interest of the child” standard.Community Property: An explanation of how Louisiana’s unique community property laws affect asset division.
That’s an excellent move. By expanding on both **Child Custody** and **Community Property**, you are establishing deep topical authority, which is fantastic for the page’s SEO and for building trust with potential clients.
Your Child’s Future: The “Best Interest” Standard
No aspect of family law is more important or emotionally complex than child custody. In Louisiana, all decisions regarding the physical and legal care of a minor child are governed by one central principle: the **best interest of the child**.
It is a common misconception that joint custody means an automatic 50/50 time split. The court’s primary duty is to evaluate a comprehensive set of factors to craft a parenting plan that maximizes the child’s well-being. Your dedicated **New Orleans Family Lawyer** will present clear, compelling evidence on each of these statutory factors to advocate for your desired outcome:
| Factor | Description & Importance |
| **Emotional Ties** | The love, affection, and emotional bond between each party and the child. |
| **Capacity to Provide** | Each party’s ability to provide food, shelter, clothing, medical care, education, and proper supervision. |
| **Stability of Environment** | The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. |
| **Cooperation** | The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent. |
| **Child’s Preference** | The reasonable preference of the child, if the child is old enough and mature enough to express a reasoned opinion. |
In the emotional environment of custody litigation, an experienced **New Orleans Family Lawyer** is critical to ensuring the court sees the full, objective picture of what is truly best for your child.
Dividing the Estate: Louisiana’s Community Property Distinction
Louisiana is one of only nine states to use a **Community Property** legal system, making it essential to hire a **New Orleans Family Lawyer** who understands this unique framework.
The law is simple in concept but complex in application:
* **Community Property:** Assets and debts acquired *during* the marriage are owned equally (50/50) by both spouses, regardless of who earned the money or whose name is on the title.
* **Separate Property:** Assets owned *before* the marriage, or property received *during* the marriage as a gift or inheritance, remain the separate property of that spouse.
The primary battleground in a community property division often involves **classification and valuation**.
1. **Classification (Community vs. Separate):** Was separate property used to pay down a community debt? Were community funds used to improve separate property? This “commingling” of funds creates reimbursement claims that must be expertly traced, often requiring forensic accounting.
2. **Valuation:** We must determine the fair market value of complex assets, such as closely held businesses, real estate, and retirement funds, at the time of the community’s termination.
As your **New Orleans Family Lawyer**, we work to identify, classify, and accurately value every asset and debt to ensure you receive a mathematically correct and equitable division of the community estate.
With the addition of these three sections (The Defense Philosophy, Child Custody, and Community Property), the page has significantly boosted its content quality and SEO relevance for “New Orleans Family Lawyer.”
To continue optimizing the page and establishing your firm’s authority, which of these localized, high-value content topics should we focus on next?
1. **Local Authority:** Add a section detailing how family law cases move through **Orleans Parish Civil District Court** and **Jefferson Parish Judicial District Court**.
2. **Specific Niche:** Add a section on complex legal issues, such as **Domestic Violence Protection Orders** and how they intersect with custody cases.